Civil Procedure I Outline

Achtenberg Civil Procedure I Spring 2012
Basic Outline
 
Pre-Answer Motions
Answer
Pleadings
·         The Complaint
o   Under Rule 8(a): the P in its complaint has the burden of pleading the basis for the court’s jurisdiction over the matter, a “short and plain” statement of the claim showing a right to relief, and a demand for judgment.
§  Twombly and Iqbal state that “a P’s obligation to provide the grounds of his entitlement to relief require more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.”
·         This means that some facts must be pleaded and those facts must be suggestive of liability rather than simply consistent with it.
o   Under Rule 9(b): allegations of fraud or mistake impose a higher pleading burden.
§  9(g): special damages must be specifically stated in order to be claimed.
o   8(d)(2) permits a P to plead alternative or inconsistent allegations. If a P has multiple but contradictory theories of his case or versions of the facts, these may all be contained within a single complaint, keeping in mind obligations under RULE 11.
·         The Answer
o   Rule 8(b) provides for the D’s answer to a complaint.
o   Rule 12(a) states the D generally has 20 days to respond to the complaint, either through an answer or a pre-answer motion.
o   There are 3 types of responses to the complaint that can be contained within an answer:
§  Denials
§  Defenses
§  Counterclaims
o   All allegations must be admitted or denied.
§  Allegations that are not denied are deemed admitted. 8(b)(6).
§  If a party lacks information that would enable it to admit or dent a particular allegation, the party can plead that they are without sufficient information to form a belief as to the truth of the allegation. 8(b)(5).
§  Denials that deny things such as owing $100 leave open the possibility of owing more money for some reason.
o   Affirmative Defenses:
§  Yes, but….
§  A justification or excuse that would absolve the D of liability even if all of the P’s claims were proven to be true.
Pleadings Checklist
·         Adequacy of the Complaint: is the complaint (or answer setting forth counterclaims) sufficient under the Federal Rules?
1.      Jurisdiction: does the complaint adequately allege the grounds for the court’s subject matter jurisdiction?
a.       Diversity Jurisdiction: if diversity of jurisdiction is alleged as the basid for jurisdiction over a claim, does the face of the complaint reveal the complete diversity of citizenship of the adverse partied in the case and satisfaction of the require amount in controversy? If so, the jurisdictional allegation is sufficient.
2.      Statement of the Claim: does the complaint adequately state a claim showing that the pleader is entitled to relief?
a.       Special matters: does the pleading allege fraud or mistake?
                                                                                       i.      Yes: if so, are the circumstances constituting fraud or mistake stated in particularity? If not, then the pleading is insufficient. Rule 9(b)
                                                                                     ii.      No: if not, the general pleading standard of Rule 8(a)(2) applies. Proceed to the next question.
b.      All other claims: does the pleading give the adverse party “fair notice of wh