Hart - Civ Pro - Spring 2005 - Pleadings Outline

Hart - Civ Pro - Spring 2005 - Pleadings Outline -...

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PLEADINGS First there is a written complaint – fixed patterns that require certain ploy elements – the story of what happened RULE 8 – really open-ended, but you have to include some facts and a reference to some law Rule 8: General Rules of Pleading (a) Claims for relief: recipe for complaint – (1) “a showing that the ct has jurisdiction,” (2) “a short and plain statement of the claim showing that the pleader is entitled to relief,” and (3) “a demand for judgment for the relief the pleader seeks.” (b) Defenses; Form of Denials – req the D deny only the allegation he actually disputes (c) Affirmative defenses – a listing of such defenses, these are burdens on the D (d) Effect of Failure to Deny – provides that any allegation that is not denied is deemed admitted -you have to admit, deny, or say you don’t have enough information (e) Pleading to be concise and Direct; Consistency A complaint has to be short, plain, invoke a body of substantive law, and sketch a factual scenario that, if shown to be true, falls w/in that body of law If you want punitive damages you have to say so in the complaint. The complaint limits the P in regard to damages and in the claims that are brought Modern pleading and motion (1) quickly eliminate cases that suffer from significant procedural defects, (2) shapes the discovery process, and (3) and 12(b)(6) can eliminate claims, saving money Ethical Limitations of Pleadings RULE 11 – regulates the way lawyers and clients conduct themselves, establishing standards for investigation of law and facts covers representations to the cts central purpose to deter baseless filings in dist ct establishes an interlocking set of standards, procedures, and sanctions sanctions can be non-monetary or monetary judges have wide discretion in imposing sanction as long as they are not more severe than reasonably necessary to deter repetition of the conduct by the offending person or others the offending person has the right and opportunity to respond applies to defenses as well as to claims Must be filed as its own motion, 11 (c)(1)(A). sanctions usually do not go to the attorneys for the motion winning party, usually the money goes to the court the Sup Ct has dismissed the contention that Rule 11, b/c it is more like something you’d find in professional standards on a bar, violates the Rules Enabling Act (which says that Rules shall not” abridge, enlarge, or modify any substantive right.”
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Rule 11 (a) pleadings must be signed / signature needed for things given to the court, Rule 11 applies to all things that you sign and give to the court, -but it does not apply to discovery 11(d) (b) (1) harass, delay, increase costs (2) warranted by existing law ( Bridges - he didn’t exhaust before filing) ( Walker –clearly no claim for diversity) ( Haddle –asserting lost prop interest when existing law clearly said lost employment was not a prop loss, could have been a Rule 11 but this would
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  • Spring '05
  • Krakoff
  • Law

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