Pleading
complaint—R8
pre answer motions—R12
answer/reply—R12, 8b
amendments –R15
defenses—R8c
Sanctions—R11
Discovery
procedure—R26, cheney
relevance—R stalnaker
privilege—R upjohn
work product—R26b3; upjohn
Adjudication w/o Trial
summary judgment—R56
motion to dismiss—R40
default judgment—R 55
Trial
judges-§144,455
juries- §1861,1862,1863,1870 R38,39
Controlling juries—JML-R50a; RJML R50b; NT R59
Appeals
final judgment rule
interloctory appeals
writ of mandamus
collateral
Cases
Zielinski
Layman
Beeck
Moore
Bpnerb
Walker
Christian
Davis
Steffan
Stalnaker
Schlagenhauf
Hickman
Upjohn
Poole
Paramount
Celotex
Bias
In Re Bostons
Chauffers
Torcomian
Thompson
Reid
Champerlain
Lind
Wetzel
LauroLines
PLEADINGS
Purpose of modern pleading:
· quickly eliminates cases that suffer from significant procedural defects (R12b1-5 and 7)
· shapes the discovery process that will be the central feature of many cases
· via 12b6- pleading can occasionally eliminate a claim entirely, saving substantial public and private dollars
π Files a complaint(8a)→→∆ preanswer motion (12b)
→→∆ answer (12a, 8b)
Complaint—π files, has to meet all elements if not it can be dismissed in a preanswer motion
R8- General Rules of Pleading
a) Claims for relief
· Short and plain statement of jurisdiction
· Short and plain statement of the claim showing that the pleader is entitled to relief
· Demand for judgment for the relief the pleader seeks
Never lose 12b1
B6,7 ∆ can raise at any time under 12h
Pre-Answer Motions
12(b) Defenses and objections
1. lack of jurisdiction over the subject matter
2. lack of jurisdiction over the person
3. improper venue
4. insufficiency of process
5. insufficiency of service of process
6. failure to state a claim upon which relief can be granted
7. failure to join a party under R19
· b2-5 dilatory pleas…. “yes but…”
12(h)waiving
· b2-5 dilatory pleas…. “yes but…”
· a party waives any dilatory pleas by not including it in the motion, failing to make a motion
12(e) Motion for a more definite statement
· if the ct grants this motion and it is not obeyed w/in 10days…ct may stike the pleading
12(f) motion to strike
· ct may strike from a pleading an insuffient defense or any reduuenty material, impertinent or scandalous matter
· ct m
nt- in the orig complaint was there something about what u are stating now in the orig complaint***
Timing-how do u know when something is in the same transaction or something else? The closer they are in time- the closer they will be in occurrence. Able to draw circle around the same transaction
Same facts/same evidence- think about Moore v. Baker (did it related back? No- separate transactions) compared to Bonerb v BCF –related back; Azrabal (in Bonerb case)- related back
Improper conduct- if a π files a complaint that has no signature, not being presented for proper pupose,
· R11- filing frivolous suit
· Mattel
· Safe harbor rule- 21 days to amend
· Sanctions-R11c- can impose on attorney and client
o Main focus of sanctions – deterence
o safe harbor applies when sanctions are initiated by one of the parties
o does not apply when ct initiates an order describing the suspicious conduct and directing a party..
· What was available to lawyer—not what lawyer actually knew
****makes parties work together to try to fix issues before they get to the ct
