Pleading (& amending pleadings)

Question 1

Rule 8 (a)

Answer 1

Claim for relief must include: (1) short and plain statement for grounds of jurisdiction.
(2) a short and plain statement of the claim showing entitlement to relief
(3) a demand for relief sought

Question 2

Rule 8 (b)

Answer 2

Defenses
(1) response to pleading, party must; assert defense to each claim & admit/deny the allegations
(2) Denials with substance
(3)General & Specific denials- general = deny all allegations in good faith. Specific= deny specific claims against it.
(4) if deny part of allegation, then admits the rest as true
(5) lack knowledge statement = denial
(6) allegation not denied by failure to deny = admitted

Question 3

Rule 8 (c)

Answer 3

must assert affirmative defense in response

Question 4

Rule 8 (d)

Answer 4

Each allegation must be simple, concise, and direct. May assert as many claims as it has.

Question 5

Rule 8 (e)

Answer 5

pleadings must be construed so as to do justice

Question 6

Rule 7 (a)

Answer 6

only pleadings allowed: complaint, answer to complaint, answer to a counterclaim (designated as a counterclaim), answer to a cross claim, 3rd complaint, answer to 3rd party complaint and reply to an answer

Question 7

Rule 7 (b)

Answer 7

request for a court order must be made by motion. motion must be made in writing unless made during hearing or trial

Question 8

Rule 15 (a)

Answer 8

amending as a matter of course: amend the pleading within 21 days of serving it or 21 days after service or a motion under 12b,e,f. Court or opposing party can grant permission. response to amended pleading within 14 days.

Question 9

Rule 15 (c)

Answer 9

Amendment to a pleading related back to the date of the original pleading when: law provides the applicable statute of limitations allows, the amendment asserts claim/defense arouse out of conduct in original pleading.