Pleadings, Request for Orders, and Lis Pendens

Question 1

Aggressive Pleadings

Answer 1

asserts claims to relief (e.g., complaint or counterclaim)

Question 2

Initial pleading

Answer 2

CC–complaint containing the specific relief sought; if seeking damages, must include ad damnum clause

GDC–Complaint, warrant in debt, warrant in detinue, distress petition, or summons for unlawful detainer.

Question 3

Counterclaim

Answer 3

Claim made by D against one or more P(a)

Question 4

Cross-claim

Answer 4

claim made by D against another D

Question 5

Third-Party Claim

Answer 5

Typically a claim by D against a third-party whom D asserts is or may be liable for all or part of P’s claim

Question 6

Responsive pleadings

Answer 6

responds to another party’s aggressive pleading

Question 7

Answer

Answer 7

CC–generally must be filed within 21 days after service of process or entry of order overruling D’s responsive pleading, unless the court sets a different deadline

GDC–D not required to file an answer unless instructed to do so by the court.

Affirmative defenses and pleas in bar–if valid, will bar P’s claim; D must plead and prove

Question 8

Demurrer

Answer 8

challenges sufficiency of the form, style, allegations, or appropriateness of an aggressive pleading; generally must be filed before or at the same time as other responsive pleadings

Question 9

Motion to strike a pleading

Answer 9

challenges sufficiency of a responsive pleading

Question 10

motion for a bill of particulars

Answer 10

seeks court order compelling a party to elaborate any pleading that does not provide adequate notice of a claim or defense

Question 11

Attacks on service of process and jurisdiction

Answer 11

includes motion to quash service of process and motion to dismiss for failure to serve process.

Waiver–D waives any object to personal jurisdiction or defect process if the D engages in conduct related to adjudicating the merits of the case.

Lack of subject matter jurisdiction–may be challenged by motion to dismiss or, if the lack is evident from the pleading, demurrer; can be raised at any time.

Question 12

Motion to object to venue

Answer 12

CC–must file within 21 days after service of process (unless extended by court)

GDC–must be filed with or received by the court on or before the day of trial

Question 13

Motion craving over

Answer 13

seeks a court order compelling P to produce essential document mentioned in, but not to, the complaint

Question 14

Reply

Answer 14

if a pleading, motion, or affirmative defense sets up new matter and requests a reply, adverse party must reply admitting or denying the new matter within 21 days

Question 15

Content

Answer 15

must contain simple statement of facts; may plead alternative facts and theories of recovery against alternative parties arising from same transaction or occurrence; may assert inconsistent claims or defenses.

Question 16

Signature, address, and other information

Answer 16

licensed lawyer or unrepresented party who files a pleading must sign the pleading and state her address

Question 17

signature defects

Answer 17

may be cured within reasonable time; pleading must be stricken unless the default is promptly cured

Question 18

certification

Answer 18

signature certifies that (i) signatory has read the document; (ii) to the best of his knowledge, formed after reasonable inquiry, the pleading is grounded in fact and is justified by existing law or a good faith argument for the extension, modification, or reversal of existing law; and (iii) there is no improper purpose

Question 19

sanctions

Answer 19

court must impose an appropriate sanction for any violation of the certification provision

Question 20

sworn pleading

Answer 20

if statute requires sworn pleading or accompanying affidavit, objection on either ground must be made by motion to strike within seven days.

allegations permitted without additional proof (unless denied by a second pleading accompanied by an affidavit).

a person made, endorsed, assigned, or accepted any writing.

ownership of property or an instrumentality by any person

incorporation of coproatyion or the existence of partnership that is suing or sued

Question 21

service of subsequent pleadings, motions, and other papers

Answer 21

must be delivered to counsel of record; must certify the date and mode of service on all counsel or record when a copy is filed with the court

Question 22

untimely filed pleadings

Answer 22

the court, in its discretion, may allow additional time to file a pleading (but may only extend time to file a motion objecting to venue if timely request for extension is filed)

Question 23

amendment of pleadings

Answer 23

a party may no0t amend a filed pleading without leaving of court; the court should liberally grant leave to amend

Question 24

request for a court order

Answer 24

by (i) filing proposed order with endorsements of all counsels of record; or (ii) serving proposed order on counsel of record who have not endorsed it, together with a written notice of the date, time, and court the will consider the proposed order

Question 25

Lis pendent

Answer 25

general notice that a suit affecting title to land is presently pending