Procedure Civil Sections C & F Fall 2005
Class 12 September 19 2005 PLEADING More on Pre-Answer Motions, The Answer
Wrap-Up: Pre-Answer Motions
12(b), 12(c), 12(e), 12(f) One way to respond to a pleading containing claims (Complaint, Counterclaim, Third Party Claim, Cross Claim) Optional alternative to answering Consolidation and waiver
HYPO 1: Piglet v. Pooh
HYPO 2: J.Lo v. Ben
Effect of Pre-Answer Motions
If motion granted . . . If motion denied . . . .
Motion Practice
Rule 7(b) (form of motion, e.g. in writing, state grounds, include relief, signed, subject to Rule 11) Rule 5 (service) Importance of local rules and individual judges rules
WHAT IS AN ANSWER?
A pleading (7(a))
TIME FOR LIMITS AN ANSWER: HYPO
Joe Student is sued for copyright infringement by various large record companies, who are all represented by Anton Slimey of the firm Dewey, Cheatham & Howe
TIME LIMITS FOR AN ANSWER
When must Joe serve his answer? How can he serve his Answer? When must he file his Answer?
TIME LIMITS FOR AN ANSWER
When must Joe serve his answer? 12(a)(1), 12(a)(4) How can he serve his Answer? ...