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

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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
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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.

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

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