PARTS AND CONTENTS OF A PLEADING Flashcards
(21 cards)
What are pleadings?
Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.
What types of claims are allowed in pleadings?
The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention.
How are defenses alleged in pleadings?
The defenses of a party are alleged in the answer to the pleading asserting a claim against him or her.
When can an answer be responded to by a reply?
An answer may be responded to by a reply only if the defending party attaches an actionable document to the answer.
What is a complaint?
The complaint is the pleading alleging the plaintiff’s or claiming party’s cause or causes of action.
What must be stated in a complaint?
The names and residences of the plaintiff and defendant must be stated in the complaint.
What is an answer in legal terms?
An answer is a pleading in which a defending party sets forth his or her defenses.
What are the two types of defenses?
Defenses may either be negative or affirmative.
What is a negative defense?
A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action.
What is an affirmative defense?
An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would prevent or bar recovery.
What are some examples of affirmative defenses?
Affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance.
What is a counterclaim?
A counterclaim is any claim which a defending party may have against an opposing party.
What is a compulsory counterclaim?
A compulsory counterclaim arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim.
What are the requirements for a compulsory counterclaim?
A compulsory counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof.
What is a cross-claim?
A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim.
What can be asserted against an original counter-claimant?
A counterclaim may be asserted against an original counter-claimant.
What is a reply in legal pleadings?
A reply is a pleading that denies or alleges facts in denial or avoidance of new matters alleged in the answer.
What is a third (fourth, etc.)-party complaint?
A third (fourth, etc.)-party complaint is a claim that a defending party may file against a person not a party to the action for contribution, indemnity, subrogation, or any other relief.
When shall a third (fourth, etc.)-party complaint be denied admission?
The third (fourth, etc.)-party complaint shall be denied admission if the third (fourth, etc.)-party defendant cannot be located within thirty days, matters extraneous to the issue are raised, or it introduces a new controversy.
What happens when new parties are required for a counterclaim or cross-claim?
The court shall order them to be brought in as defendants if jurisdiction over them can be obtained.
What can a third (fourth, etc.)-party defendant allege in their answer?
A third (fourth, etc.)-party defendant may allege defenses, counterclaims, or cross-claims, including defenses against the original plaintiff’s claim.
