Unformatted text preview: fails to allege the specific acts of negligence by the defendants which the plaintiffs complain. Holding : motion is overruled. Reasoning : The Declaration meets the requirements of Rule 8, Fed. Rules Civ. Proc., which requires only a “short and plain statement of the claim showing that the pleader is entitled to relief.” Defendant is not entitled to “a more definite statement” by motion under Rule 12 (e). Although some courts have held that such a motion is the correct procedure to follow if a party needs further information to prepare his defense, the better rule of law is that such information should be obtained by interrogatories under Rule 33, or other discovery procedure, unless it is really necessary to enable the party to frame his responsive pleading. Rule 8 Rule 11...
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- Fall '08
- Complaint, Pleading, Novick Transfer Co., Ronald Bell