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Civil Procedure I
University of Dayton School of Law
Perna, Richard P.


Forms of Pleadings
Alternative Pleading
Complaint 3–notice standard (liberal): short and plain statement of claim showing that plaintiff is entitled to relief

–it should have a section on jurisdiction, statement of claim, relief sought
–shall be construed to do substantial justice

Motions Against Complaint 12a
Motion to Dismiss12b6–unless it appears beyond the reasonable doubt that Plaintiff can prove no set of facts in support of his claim which

would entitle him to relief

Motion for a More Definite Statement 12e–does the pleading give the other party enough information from which to draft an answer and
begin discovery
Motion to Strike 12f–redundant, immaterial, impertinent, or scandalous
Consolidation of Defenses 12g
Pleadings in Special Matters 9
Answer 8b and 8c–state in short and plain terms his defenses to each claim asserted and shall admit or deny the avertments upon which the

adverse party relies

Forms of Denial 8b (there are 4 options–admit, specific denial, denial of knowledge, general)
Affirmative Defenses 8c–any new matter or issue not embraced by the complaint
Effect of Failure to Deny 8d–avertments in a complaint, except the those concerning the amount of damages, are deemed ADMITTED

when not denied in the answer

Shareholders Derivative 23 (1)
Sanctions 11–after reasonable inquiry
Amended and Supplemental Pleadings 15–leave to amend shall be freely given when justice so requires
Relation Back to Amendments 15 (3)–same conduct, transaction, or occurrence set forth in original


A. Forms of PLEADINGS [RULE 7] 1. Complaint
2. Answer
3. Reply–allowable when answer contains a counter-claim or by order of court

B. All Pleadings shall be construed to do substantial justice [RULE 8f]

C. Alternative Pleading [RULE 8e2] 1. A party may set forth two or more statements of a claim or defense alternatively hypothetically, count 1 X did this, count 2 If X did not do

D. Complaint
1. Action is deemed commenced by filing of the COMPLAINT [RULE 3] 2. Elements of Complaint [RULE 8a] a. SHORT AND PLAIN STATEMENT of claim showing P is entitled to relief STANDARD

(made any time)
f. failure to join a party under Rule 19 (made any time)

4. 12 b motions
a. directed SOLELY at the pleadings and MUST be decided solely by reference to them
b. if they are not directly related to the pleadings, it will constituent a motion for summary judgment

5. 12b6–Motion for Failure to State a Claim
a. If defendant believes that plaintiff’s motion does not state a legally sufficient claim, he can make a 12b6 motion. facts alleged, in P’s
complaint, no recovery is possible under any legal theory
1. Courts are RELUCTANT to dismiss a complaint on 12b6 without letting it be heard on its merits; so this motion is STRICT
2. Will not be granted unless it appears BEYOND A DOUBT that Plaintiff can prove no set of facts in support his claim which would
entitle him to relief
3. Court WILL ASSUME all facts pleaded by plaintiff ARE TRUE in ruling