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Flashcards in Pleadings Deck (17):
1

Alternative/ hypothetical pleading

If not X then Y, pleading is sufficient if any of the pleadings is sufficient.
8(d)(2)

2

Rule 8 Requires Pleadings to contain

allegations that are simple, concise and direct
short plain statement of the grounds on which the claim rests
a short plain statement of the plaintiff's claim for relief
a demand for the relief sought

3

Purpose of the Pleading

Give notice to the defendant of the claim and the grounds on which it rests

4

Use of Forms in FRCP

Forms in the Appendix are sufficient pleadings under the FRCP

5

defense to the face of the pleading under code pleading is accomplished by a

demurrer

6

Affirmative defenses- location and use

listed in 8(c) and must be submitted in the defenses answer to the complaint
they include but are not limited to:
statute of limitations
fraud
duress
estoppel
contributory negligence

7

Compulsory Pleadings

Claim and Answer
Answer to any new claim/ matter as arises under a cross claim or counter claim or as an affirmative defense

8

Plaintiff's response to defense answer

no response necessary it is presumed the plaintiff denies

9

Special Requirements that must be brought up in Pleadings

Governed by Rule 9 these issue must be addressed in Pleadings
capacity to Sue or be sued
Fraud or Mistake
Conditions Precedent
Official Document or Act
Judgment already rendered
issue with time and place of alleged claim

10

How to bring up defects in pleadings

either pretrial motion, or in the answer to the complaint

11

Response to finding of defects in the pleadings

Governed by Rule 15
chance to amend the complaint granted if within 21 days of serving it, or of having the response served
or if the court allows

12

Damages not specifically sought in pleading can be sought as

general damages

13

To seek specific damages the plaintiff must

list them in the pleading governed by Rule 9 (g)

14

What are negative pregnant pleadings?

pleadings that have a denial that implies an admission, occurs when the defendant uses the same language as the complaint

15

Responding to defenses prematurely

It is permissible to state in the plaintiffs complaint a potential defense to an affirmative defense the defendant is likely to raise.

16

If affirmative defense arises after pleadings

defendant may assert it through a supplemental pleading

17

Good-Faith in pleadings

parties are required to plead in good faith and sanctions can be given if it is discovered that a party plead in bad-faith
Governed by Rule 11