MANNER OF MAKING ALLEGATIONS IN PLEADINGS Flashcards
(16 cards)
What must every pleading contain?
Every pleading shall contain a plain, concise, and direct statement of the ultimate facts, including the evidence on which the party relies for their claim or defense.
What should be stated if a cause of action is based on law?
The pertinent provisions of the law and their applicability must be clearly and concisely stated.
Can a party set forth alternative causes of action or defenses?
Yes, a party may set forth two or more statements of a claim or defense alternatively or hypothetically.
What is sufficient for a general averment of conditions precedent?
A general averment of the performance or occurrence of all conditions precedent shall be sufficient.
What must be averred regarding the capacity of a party?
Facts showing the capacity of a party to sue or be sued must be averred.
How should fraud or mistake be averred?
The circumstances constituting fraud or mistake must be stated with particularity.
What is required when pleading a judgment?
It is sufficient to aver the judgment without setting forth the matter showing jurisdiction, but an authenticated copy must be attached.
What must be included when an action is based on a written document?
The substance of the written instrument must be set forth, and the original or a copy shall be attached as an exhibit.
How can the genuineness of a written instrument be contested?
The adverse party must specifically deny the genuineness under oath and set forth the facts they claim.
What is sufficient to plead an official document or act?
It is sufficient to aver that the document was issued or the act was done in compliance with law.
What must a defendant do in a specific denial?
A defendant must specify each material allegation of fact they do not admit and state the substance of the matters they rely on.
What happens to material averments not specifically denied?
They shall be deemed admitted when not specifically denied.
What must a defendant raise in their answer regarding affirmative defenses?
A defendant shall raise affirmative defenses limited to specific grounds such as lack of jurisdiction or improper venue.
What is the consequence of failing to raise affirmative defenses timely?
Failure to raise them at the earliest opportunity shall constitute a waiver.
How long does the court have to resolve affirmative defenses?
The court shall resolve them within thirty calendar days from the filing of the answer.
What is the court’s power regarding striking out pleadings?
The court may order any pleading to be stricken out or any sham, false, redundant, immaterial, impertinent, or scandalous matter to be stricken.
