My Civ Pro II Outline

My Civ Pro II Outline - Civil Procedure II Outline Chapter...

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Civil Procedure II Outline Chapter 6 – Pleading A. The Story of Pleading a. Notes: FRCP 3 : Commencing an action – A civil action is commenced by filing a complaint with the court B. Telling Stories a. Rule 7(a) Specifies pleadings that are allowed: i. (in a lawsuit involving a single Plaintiff and a single Defendant, FRCP 7(a) allows only a complaint , and answer , and, in some situations, a reply ): 1. Complaint – commences the civil action, filed by plaintiff, specifies all claims he has against the defendant 2. Answer – filed by defendant in which she responds to all plaintiff’s claims and files counterclaims 3. Reply - Plaintiff’s response to a defendant’s answer. ..a Reply only results when a defendant’s answer contains a counterclaim that is designated as a counterclaim or if the courts order a reply 2. The Function of Pleading a. (in cases that involve additional parties, FCRP 7(a) allows those parties to allege their claims and defenses in the following additional pleadings) i. An answer to a crossclaim, a third-party complaint, An answer to a third-party complaint, If the court orders one, a reply to an answer 1. The party which has the burden of proof has the burden of pleading ii. Purposes of pleading : (especially if the action is not dismissed through a 12(b) motion): 1. Must provide sufficient Notice of the claim (substantive and occurrence)- the nature of the claim, defenses, and counterclaims 2. Must provide the Opportunity to frame a response & allege certain relevant facts (allegations are not evidence, but the story must be told) 3. To guide discovery (tied to claims and defenses) b. Complaint Rule 8(a) – A pleading which sets forth a claim for relief must contain: 1. Short/plain statement of grounds for the court’s jurisdiction 2. Short/plain statement of the claim showing that the pleader is entitled to relief (substantive law/transaction or occurrence giving rise to the claim) 3. A demand for the relief sought c. Rule 10 Form of pleadings :
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i. (a) Case information caption; names of parties: name of court, title of the action (names of all parties but in subsequent pleadings, only the first P and the first D), the file number, and designation of the type of pleading involved ii. (b) Paragraphs; Separate statements: Separating allegations- each numbered paragraph should be a single set of circumstances; “if doing so would be clearer”, each claim in a ¶ founded on a separate transaction or occurrence. .. iii. Can adopt be reference claims in one allegation later in the pleading 3. Ethical Limitations a. Rule 11 sets out strict standards designed to ensure honesty and accuracy in pleadings and motions. The same rule also attempts to ensure that parties and attorneys are honest in oral representations to the courts b. Signature requirement : every pleading, written motion, and other paper must be signed by at least 1 attorney (filed papers only- not during discovery). Court must strike any unsigned document
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My Civ Pro II Outline - Civil Procedure II Outline Chapter...

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