Pleadings
FRCP rule 8
(a) Each pleading must contain
(1) Short and plain statement of the grounds upon which the court’s jurisdiction depends, unless court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it
Invoke a body of law
(2) Short and plain statement of the claim showing that the pleader is entitled to relief
Facts that, if true, would entitle Π to relief.
Usually covers the elements of the substantive area of law
(3) A demand for judgment for the relief the pleader seeks. Relief in the alternative or of several different types may be demanded
(b) Defenses; Forms of Denial
Short and plain terms
Δ states defenses to EACH claim asserted
Can admit or deny specific parts of the claims, must be clear.
(6) MUST Admit or deny the averments upon which the adverse party relies.
May state that party lacks enough information or knowledge to admit or deny, effectively a denial under 8(b)(5).
All issues not denied are considered admittance
(c) Affirmative Defenses – “Confession and avoidance”
Must be brought in the answer – Layman Pg. 387
Defenses to claims need not be brought in answer, only AFFIRMATIVE defenses.
(d) Allows alternative statements and inconsistency in pleadings
FRCP Rule 12 – answer
(a) Must respond within 20 days of being serviced
60 days after return of waiver of service under 4(d)(3), or 90 days outside of U.S.
(b)
e to state a claim upon which relief can be granted –
Only one that deals w/ the merits of the case –
Haddle v Garrison Pg. 341 *Fired for testimony*
Dismissed on Rule 12 (b)(6) due to Morast
At-will employment was not a protected interest. No injury, no claim.
Overturned by Supreme Court
Filings under 12(b)(6) that raise matters not in the original pleadings are treated as a motion for summary judgment, subject to Rule 56
(7)Failure to join a party under Rule 19
(c)Motion for judgment on pleadings
After pleadings are closed
(d)Preliminary Hearings
(e) Motion for more definite statement
Rare
(f) Motion to strike
Insufficient
Redundant
Immaterial
Impertinent
Scandalous
(g) Consolidation of defenses in motion – “ONE pre-answer motion.”
Omition is waiver!
(h)Waiving and asserting defenses
1 – Waived if not brought up in pre-answer motion or answer
Jurisdiction over person
Improper venue
Insufficiency of process
Insufficiency of service
2 – Any pleading, motion for judgment on pleadings, or at trial
12(b)(6) – Failure to state a claim for which relief can be granted
12(b)(7) – failure to join a party under Rule 19.
3 – Never waived
12(b)(1) – Subject matter jurisdiction
