Pleadings Generally Flashcards
All pleadings must state, in numbered paragraphs:
The facts on which the party relies.
A pleading is OK if:
It clearly informs the opposing party of the true nature of the claim or defense.
True or False: A law firm name is sufficient.
FALSE. A law firm name is okay, but at least one individual lawyer must also be set forth and sign.
True or False: Documents that are the basis of a claim or defense may be annexed as an exhibit, which makes them part of the pleading.
TRUE.
If a document that should be attached to a pleading is not, what can the other party do, and what is the effect of this?
Make a motion craving oyer. If granted, it requires the other party to produce the document, which is treated as though attached to the pleading.
The attorney must sign all pleadings, motions, or other documents. What does she certify when she signs?
1) That she has read it.
2) That to the best of her knowledge, information, and belief (formed after reasonable inquiry), it’s grounded in fact and law (or a good faith belief that the law should be modified).
3) It’s not for harassment or delay.
What’s the consequence of violating the certificate requirement?
Liability for costs and attorney’s fees incurred because the document is improper. If the attorney refuses to sign, the document is stricken.
Can P plead alternative facts as to alternative parties?
Yes, if they arise from the same transaction or occurrence.
True or False: The court in its discretion may extend the time in which parties are required to file documents and motions, even if the time for filing has passed.
TRUE. With one exception.
Can the court condition an extension of time on the party’s posting a bond?
No.
What’s the one motion for which time cannot be extended by the court?
A motion challenging venue, unless the court extends the time to file a responsive pleading.
What’s the magic number in VA procedure?
21.
