pleadings

Question 1

what does rule state that the atty is certifying when he signs a pleading?

Answer 1

no improper purpose

warranted by existing law

evidentiary support of the facts

Question 2

what if rule 11 is violated?

Answer 2

motion for sanctions

Question 3

can a motion for sanctions be properly served by calling the other attorney to inform them?

Answer 3

no

Question 4

when is service of process due

Answer 4

within 90 days of filing complaint

Question 5

methods of service

Answer 5

personal

D home with person suitable age who lives there

Delivery to D agent

Question 6

how do you serve a corp

Answer 6

officer or agent

Question 7

why would you waive service?

Answer 7

extends time to file answer from 21 to 60 days

90 days if foreign

Question 8

requesting waiver of service

Answer 8

in writing

give D 30 days to answer you

Question 9

what needs to be on complaint

Answer 9

grounds for SMJ

P claim establishing relief

demand for relief sought

Question 10

timing of complaint

Answer 10

day after triggering event

exclude weekends and holidays

Question 11

when is an answer due?

Answer 11

within 21 days after service of process

Question 12

when is an answer due after you initially had motion for SJ?

Answer 12

within 14 days after you receive notice of court’s decision

Question 13

when may MTD - lack of SMJ be raised?

Answer 13

any time

Question 14

when may MTD - lack of PJ or venue be raised?

Answer 14

must be raised in first response or else waived

Question 15

when may MTD - failure to state a claim or failure to join necessary party be raised?

Answer 15

any time during trial

Question 16

when may you amend as of right?

Answer 16

once

within 21 days if no responsive pleading required

Question 17

amending when S/L has run

Answer 17

relation back doctrine

Question 18

requirements to relate back for a new CLAIM

Answer 18

same T/O

notice to opposing party

Question 19

requirements to relate back for a new party

Answer 19

same T/O

new party knows or has reason to know the action should have been brought against them

notice to opposing party

Question 20

12b6 motion to dismiss definition

Answer 20

failure to assert legal theory of recovery

or

failure to allege facts sufficient to support claim

Question 21

how do you view the facts during a 12b6 motion

Answer 21

views them in light most favorable to P

Question 22

what can the court consider during a 12b6?

Answer 22

allegations and attached exhibits in the complaint

Question 23

temporary restraining order

Answer 23

effective no longer than 14 days

issue w/o notice to other party if you tell court why they dont deserve notice

not immediately appealable

Question 24

preliminary injunction

Answer 24

notice to D required

P likely to succeed on merits
likely to suffer irreparable harm
balance of inquires in P favor
public interest

Question 25

motion for judgment on the pleadings

Answer 25

after answer filed

material facts not in dispute

judgment on merits may be achieved based on contents in pleading

Question 26

motion for more definite statement

Answer 26

claim for relief is vague or ambiguous