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Civil Procedure II
University of Toledo School of Law
Klein, James M.

Civil Procedure II


Pleadings

Pleadings in General (claims and defenses) Rule 8(e)
Should be stated in simple, direct, and concise manner
Purpose: to give notice to opposing parties
Includes: Rule 7
i.      Complaint
ii.      Answer
iii.      Reply to counter-claim
iv.      Answer to cross-claim
v.      Third-party complaint
vi.      Third-party answer
Truthfulness: Rule 11
i.      Requires pleadings, written motions, or other papers be signed by an attorney (or unrepresented party) to certifies to the pleading’s proper purpose and reasonable care in filing
1.      The attorney certifies:
a.       Reasonable inquiry into the facts has been conducted, and
b.      The claim is either warranted by law, or
c.       There is a good faith reason for the extension, modification, or reversal of good law, and
d.      The pleading was not interposes for an improper purpose
2.      Violations:
a.       Subjective bad faith is not required to violate R. 11
b.      Attorney’s violate if:
i.      Fail to perform due diligence, or
ii.      Make Reasonable inquiry into the facts
c.       Also violate if the signed pleading:
i.      Is frivolous, or
ii.      Legally unreasonable, or
iii.      Not based in facts
d.      Reasonableness is measured by an objective standard
3.      If violated by other counsel
a.       Must give everyone (serve) a copy of the sanctions
b.      Safe-harbor: must then wait 21 days until after service before filing it with the court (a chance for the other council to withdrawal and resubmit papers to correct the mistakes)
c.       Court can also decl

uld provide evidence at trial to support the allegations
4.      Notice Philosophy:
a.       The goal of this rule is to give the other side a clear statement of the claim and relief
b.      Failure to do this opens up the client to a R. 12(b)(6) motion
c.       Generally:
i.      Failure to state a claim will be dismissed with leave to amend
ii.      If the pleader makes not progress by amendment, court is likely to dismiss
iii.      NOTE: Pro Se (without counsel) Π are not held to as strict a standard
·        Prayer for judgment granting relief: R. 8(a)(3)
§         Allows the Π to seek any and all legal and equitable relief
Π may seek in the alternative or cumulatively