Pleadings

Question 1

General requirements of pleadings

Answer 1

complaint must contain sufficient information to place the adversary on notice of claims that are plausible

Question 2

Claims involving fraud must be pled with?

Answer 2

particularity (more facts)

Question 3

Rule 11:

Answer 3

When any lawyer or pro se party presents any paper to a federal court, she certifies that to the best of her knowledge and belief, after reasonable inquiry:

-the paper is not being Brought for an improper purpose;
-the contentions of law are warranted by existing law or a nonfrivilous argument to modify, extend, or reverse existing law; and
-the factual contentions have supporting evidence or will garner supporting evidence upon further discovery

Question 4

Time limits to respond to a complaint

Answer 4

-must file response within 21 days of service
-if waived formal process, 60 days if located in the US and 90 days if located outside the US

Question 5

If filed pre-answer motion is denied, the defendant has how long to file an answer?

Answer 5

14 days from notice of the denial

Question 6

Failure to file the following defenses in the defendants first response result in waiver of:

Answer 6

-Motion to dismiss for lack of personal jurisdiction
-Motion challenging service of process; and
-Motion challenging venue

Question 7

Answers must fairly and precisely meet every allegation in the complaint by:

Answer 7

-admitting those that are true;
-denying those that are not true; or
-stating that there is insufficient information from which to admit or deny

Question 8

Affirmative defenses

Answer 8

Must be pled in the answer or it will be waived