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Unformatted text preview: III. PLEADINGS: Defining The Dispute A. Generally governed by Fed Rules 7 through 12 1. Rule 8: General Rules a. 8(a)(1) Specific allegation: must specifically allege the basis for SMJ over the action b. 8(a)(2)Short and plain stmt of the claim showing pleader entitled to relief i. Can be very brief, general allegations to avoid dismissal (a) but a bit more detail will give ct clearer picture of case and makes it easier for to respond as per R 8(b) (1) all allegations in body of complaint must be in numbered paragraphs R 10(b) (i) each paragraph should be limited to a single set of circumstances c. 8(a)(3): must include demand for relief R 8(a)(3) d. 8(b): must respond clearly/forthrightly to allegations, paragraph by paragraph, but can respond by stating he lacks sufficient info to admit/deny allegation e. 8(e)(2)parties are allowed to plead in the alternative (inconsistently: see McCormack) 2. Rule 10: Form of pleadings a. 10(a): Every pleading (complaint, answer, etc) must have a caption i. Name of ct ii. Docket # iii. Names of parties iv. Designation of pleading (complaint, answer, etc) b. 10(b): s allegations and s responses to them must be in numbered paragraphs limited to a single set of circumstances c. 10(c) Each party should attach exhibits to their pleadings if possible and may incorporate prior allegations by reference in later parts of pleading 3. Rule 9: Pleading Special Matters a. 9(b) In claims of fraud/mistake circumstances constituting such need to be described w/ particularity i. Applies in securities cases/PSLRA 4. Rule 11: Signing of pleadings a. 11(a) and 11(b): Every pleading, written motion, etc must be signed by atty to represent to ct that theyre not frivolous or for improper purpose b. 11(c): Parties shouldnt assert claims that lack support or they risk sanction 5. Rule 12: defenses and objections a. 12(a): must serve answer on w/in 20 days of service of summons/complaint b. 12(b): Every f shall be asserted in responsive pleading unless following are made by motion: (12(b)) i. 12(b)(1): lack of SMJ ii. 12(b)(6): failure to state a claim c. 12(e): can make motion for more definitive stmt 6. Rule 13: counter claims a. 13 (a): must include compulsory counterclaims in answer or risk waiving them The Complaint: What a has to put down in order to trigger a s response B. The Complaint: The Plaintiffs side of the Story but holds a Contradiction: Crts want to bar non- meritorious claims by requiring specificity in complaints, vs. allowing s ease of access to fed cts by not requiring too much discovery ($$$) before the pleadings Pleadings demand Specificity, Honesty, and a minimal degree of Consistency 1. Specificity, Consistency and Honesty in Pleading a. Specificity: Under R 8, s have to set forth ground for SMJ, facts showing is entitled to...
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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.
- Spring '10