Civil Procedure I Outline

FILING A COMPLAINT
Rule 8.A –Claims for relief
8.A.1-statement of jurisdiction
8.A.2-short plain statement of the claim showing the pleader is entitled to
relief
-include the elements of the COA
-FORM 9-complaint for negligence
-Rule 12.B.6-failure to state a claim upon which relief can be granted
            -used to throw out question of fact and let the court determine
any questions of law
 
            Cases:
            -Dioguardi v. Durning (515)
– POINT: a complaint must state just enough facts to sufficiently notify the opposing party of the claims against him so as to allow him to begin preparing a defense)
-Lodge v. United Aircraft Corp (521)
– P is a union representing employees of D. D moved for a more definite statement from P to identify each of the 2000 strikers by name and job.   P asked for motion to be denied b/k to obtain that info. would be laborious research.
(POINT: Defendant used Rule.12.E
 -Movers for a more definite statement
-Plaintiff’s ambiguous claim did not permit D to contrstuct an answer without the names
            -Garcia v. Hilton Hotels International (522)
                        -defense moves for Rule 12.B.6           
                                    -court dismisses action
                        -defense moves for a more definite statement-Rule 12.E
Rule 8.A.3-demand for relief the pleader seeks
-Rule 54.C-Demand for judgment in
            -if D fails to answer the issue of damages;
                        -default judgment given to P
                                    -damages can not exceed what P preyed for
            -if D contests the damages
                        -court can award any relief which P is entitled
                                    -damages can exceed requested amount
            -there is not a strict limitation under Rule 54.C
                        -you get what you are entitled to even if you didn’t ask for
it
                                    -can’t recover damages for a cause of action not claimed!!!!!!
 
General Rule:
-Always plead the elements of your cause of action
-Damages is ALWAYS an element
-details are not required
-Court will infer a cause of action if the facts perm