Pleadings
· Fact Pleading vs. Notice Pleading
· IL is not notice pleading
· notice pleading spends less time on motions to dismiss
· Fact pleading is fact intense- spent a lot of time challenging sufficiency of complaints
Federal Rules emphasize cooperation
· case management
· Mitchell v. Archibal
· use facts to learn to prepare a complaint, come up with a list of witnesses to depose, what kinds of questions would I ask, prepare an answer to the complaint, what kinds of documents would I like to uncover
· deals with a business invitee
· basic issue is does ak (defendant trucking co) have some responsibility to the plaintiff to oversee criminal activity and protect against people getting killed
· diversity jx case
· Rule 4(m)
· time limit for service of process (120 days)
· Rule 7
· discusses format for motions and other papers filed
· must be in writing except oral motions
· Rule 8(a)1-3
· pleading must include claims for relief
· special damages must be pleaded in the complaint
· Rule 8(b) 6
·
Pleading and Evidence
· Pleading deals with access to courts
· Evidence deals with a prima facie case
Modern Pleading
· cts want actual facts that tell who, what, when, how/why
· no set of facts standard
· Conley v. Gibson(no set of facts standard)
· complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the P can prove no set of facts in support of his claim which would entitle him to relief
· follows with Rule 8(a)1-3
· this case guides us to the concept of simplified notice pleading-makes possible more liberal discovery
· Heightened Pleading Standard
· courts will require more than notice pleading depending on the type of case
Swierkiewicz v. Sorema N. A. (fair notice standard)
· stated complaint did not plead a prima facie case
· prima facie = elements to prove a case
· usually for purposes of discovery
· too much to survive a Rule 12(b) motion to dismiss
· reversed on appeal stating that prima facie standard higher than required by Rule 8
· Now we spend our time on discovery instead of pleading disputes
· the standard becomes fair notice
Iqbal
· plausibility standard
· need facts more than consistent with D’s liability
·
Pleadings vs. Proof
· burden of proof (trial)
· burden of persuasion
· burden of production
· Ordinary default rule: if you plead it you prove it
· Exception:
· when the D has superior means to determine the issue D may be required to prove or disprove
· Rarely applies
Alternative and Inconsistent Allegations
· The separate statement requirement
· each separate claim or cause of action must be separately stat
her these need to be pleaded specifically
· Reliance Damages
· cts say these are not special damages and do not fall within Rule 9(g)
· Lost Profits
· in trespass cases, any lost profits resulting from the trespass must be pleaded specifically (in a land damage case)
· Liquidated damages
· a ct says these are not subject to Rule 9(g)
Rule 54(c)
· A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.
· limits relief in default cases to the ad damnum clause
· Bail v. Cunningham Brothers
· a claimant may be awarded damages in excess of those pleaded in the complaint
The Time Permitted for a Response
· Rule 12(a)
· Gives most D’s 20 days from the service of the complaint to respond either by a motion (pursuant to Rule 12) or by answering the complaint
· D’s counsel usually request an extension and P usually consents
· Rule 6(b) authorizes the court to grant these extensions as courtesy
