PLEADINGRULES

PLEADINGRULES - The Rules Pleadings are governed by Rules...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
The Rules Pleadings are governed by Rules 7-12: Rule 8: General Rules of Pleading o Rule 8(a)(1) – A short and plain statement of the grounds for jurisdiction o Rule 8(a)(2) – A short statement showing the P is entitle to relief o Rule 8(a)(3) – A demand for judgment for the relief sought o Rule 8(b) – D must respond with a short and plain description of his defenses. D can admit or deny any allegations, or state insufficient knowledge/information o Rule 8(e)(2) – Parties are allowed to plead in the alternative (inconsistently). Rule 10: Form of Pleadings o Rule 10(b) – P’s allegations and D’s responses must be in numbered paragraphs and limited to single set of circumstances o Rule 10(c) – Attach to the pleadings written instruments to be used as exhibits Rule 11: Signing of Pleadings o Rule 11(a) – All pleadings and other papers need to be signed by at least one attorney and come with his address. Unsigned papers are stricken. o Rule 11(b) – By signing the attorney certifies the claim is not frivolous/improper o Rule 11(c) – If subdivision (b) is violated, attorneys may be sanctioned Rule 12: Defenses and Objections o Rule 12(a) You must assert compulsory counterclaims in the answer or risk waiving o Rule 12(b) – Every defense in law or fact to a claim must be asserted in the responsive pleading, except those raised by motion: (1) Lack of SMJ (2) Lack of PJ (3) Improper Venue (4) Insufficiency of process (5) Insufficiency of service of process (6) Failure to state a claim upon which relief can be granted (7) Failure to join a party under Rule 19 o Rule 12(e) – D can also make a motion for a more definitive statement. The Complaint Specificity, Consistency, and Honesty in Pleading: o Specificity P has to set forth their grounds for SMJ, facts that entitle them to relief, and a demand for judgment These claims must state the facts upon which relief can be granted Don’t have to be too specific, but it’s better if you are
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/10/2011 for the course LAW Civ Pro taught by Professor Arkin during the Spring '10 term at Fordham.

Page1 / 4

PLEADINGRULES - The Rules Pleadings are governed by Rules...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online