I. Pleading (Filing A Complaint) – document used to initiate a lawsuit (fed ct=complaint; st ct=petition); requires short & plain statement of jurisdiction, claim showing pleader is entitled to relief & demand for relief
A. Caption: (1) What court the case is proceeding in; (2) Who the plaintiffs are; (3) Case number; (4) Jury trial request (if applicable); and (5) Who the defendants are
B. Three Requirements of a Complaint – Rule 8(a)
i. 1) Short and plain statement of Grounds for ct’s jurisdiction, unless ct already has jurisdiction
1.In practice, most lawyers establish personal jurisdiction & venue too, but this is optional
2.Most state cts don’t require subject matter jurisdiction, b/c have general jurisdiction
ii. 2) Short and plain statement showing that pleader is entitled to relief
1.Can be used as a technical document, but can also start to tell story of case
iii. 3) Demand for judgment for relief – Relief in alternative or of several dif types may be demanded
1.“Wherefore” paragraph
2.Must include every type of relief you think you are entitled to (include list, else waived)
a. i.e. Types of relief – Π’s request that the court enter judgment in their favor and award the following relief: backpay, front pay, pain and suffering, emotional distress, compensatory damages, injunctive relief, punitive damages, liquidated damages, attorneys’ fees, and any other relief allowed by law
C. Two types of pleading
i. Notice pleading – used by federal rules
ii. Fact pleading – used by many state courts
1.Must apply facts that establish entitlement to relief (i.e. MO, IL)
2.Must have who, what, where, when, why, how
D. Key Points
i. Rule 8 is a minimum – should probably always exceed Rule 8 minimum requirements
ii. Highly formal method has been abandoned in US
E. Fraud or Mistake pleading – specific pleading requirement (Rule 9(b))
i. Must give other side more particular info (i.e. fact pleading type of info)
ii. Can’t give too many particulars b/c no discovery yet
F. Stratford v. Zurich
i. Didn’t state with particularity, so didn’t know what was claiming
G. Haddle v. Garrison
i. Holding: Complaint may be dismissed only if there is no set of facts in support of the Π’s claim that would entitle him to relief
II. Responding To Pleading (Answers & Motions to Dismiss)
A. Defendant’s Potential Options
i. 1) File motion to dismiss under Rule 12
ii. 2) File answer
iii. 3) File answer with a counterclaim
iv. 4) Settle case – Litigation is expensive, so might be good option before incurring many lawyer fees
v. 5) File a motion for summary judgment
vi. 6) Request a more definite statement
vii. 7) Do nothing – take default judgment
B. Rule 12 Motions– provides some of the options a party has to respond to a complaint
i. Purpose: to expedite initial period of pleading – not waste parties’ or court’s time
1.Benefits for Δ: Get rid of cases quickly, cheaply, and efficiently
ii. Optional – any motion may be raised in the answer instead
iii. Rule 12(b) Motions
a. Can be resolved by judge, w/o looking at facts and almost all at law
i. All other defenses must be raised in answer (i.e. affirmative)
2.(1) Lack of subject matter jurisdiction – immediately fatal
3.(2) Lack of personal jurisdiction – immediately fatal
a. Special appearance don’t occur in fed court
4.(3) Improper venue – immediately fatal
5.(4) Insufficient process – challenging sufficiency of papers – curable
6.(5) Insufficient service of process –challenging how papers served – curable
7.(6) Failure to state a claim upon which relief can be granted – fatal, but usually can amend
a. Even if Π allegations were all true – still not entitled to any relief
b. Claim not recognized as violation of any legal right
c. Court can only look at complaint and assume every allegation in complaint is true
d. C
nses – Rule 8(c) – must be included in answer or they are waived (Layman)
1.Δ carries burden of proof on affirmative defense
2.Types of affirmative defenses:
a. Statute of limitations
b. Statute of Frauds
c. Res Judicata
iv. Cases
1.Zielinski v. Philadelphia Piers – can’t claim denial after admittance
a. Facts: Π was hit by forklift he believed was operated by agent of Δ; Δ answered complaint and made general denial of allegations; Δ later claimed that forklift operator was not own agent & that this was included in their general denial
b. Holding: A general denial is invalid if any of the allegations being denied have been admitted by the parties as true
c. Application: Δ can’t deny allegation that Π was injured by forkliftàdenial is invalid; More accurate denial would’ve put Π on notice that he was suing the wrong party before SOL ran; Jury will be instructed that agency is presumptively admitted by both parties
d. Policy: SOL has run for π to file against a different Δ so π would have no redress in violation of principles of equitable estoppel
2.Layman v. Southwestern Bell Telephone – didn’t raise affirmative defense in answer, so lost opportunity to raise later
a. Facts: Π sued telephone company for trespass for laying telephone wires on her property w/o permission; Δ answered with general denial; at trial Δ raised right of entry by easement and Π objected but was overruled
b. Holding: An easement is an affirmative defense to trespass and must be set forth in the answer or evidence of the easement will not be allowed at trial
