Civ Pro
Pleadings
Rule 7(a) defines the pleadings
i. Complaint and an answer
ii. Reply to a counterclaim
iii. Answer to a cross-claim
iv. A third party complaint and a third party answer
Plaintiff’s Claim
i. Notice Pleading
1. Because of our due process need for notice and opportunity to be heard we only require that the claim give little more than give notice of the type of litigation that is involved
2. Rule 8(a) states out exactly must be in a pleading
a. a short and plain statement of the grounds upon which the court’s jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it
b. a short and plain statement of the claim showing that the pleader is entitled to relief
c. a demand for judgment for the relief the pleader seeks
ii. United States v Board of Harbor Commissioners
1. Government claims that Defendants dumped stuff in the river, but they do not know how much or by whom
2. Defendants file a 12(e) motion for a more clear statement of the complaint
a. Rule 12(e) – If a party cannot reasonably be required to frame a responsive pleading, then the party can move for a more definite statement
i. Needs to point out the defects
ii. If motion is granted then the opposing party has 10 days to fix his pleading
b. The defect claimed is that they cannot respond unless they know who the Government thinks polluted the river and on what date
3. Defendant’s are seeking a strategic benefit
a. Trying to flesh out the government’s case before discovery
i. Court says that they are on notice that this will be litigation about a toxic waste dump
4. 12(e) motions are very infrequent
a. Prose that are unintelligible – Due process just has to be satisfied and defendant put on notice
iii. McCormick
Rule 11(d) states that Rule 11 does not apply to discovery motions
3. Rule 11 does not require an amendment of a written filing that is no longer true
a. However, you can no longer advocate things that you know are wrong – Rule 11 (b)(2) – (4)
4. Procedure to follow to show a violation Rule 11(c)(1)
a. Make a separate motion
b. Through Rule 5 you serve it on the other time
c. Wait 21 days for the other side to respond
i. Other side can:
1. Correct the mistake (withdraw or modify appropriately the challenged proceeding) in the 21 days if they realize they violated Rule 11
a. Rule 6 tells you have to commutate time
2. The 21 days is the safe harbor provision (if you fix than no sanctions)
5. Purpose of sanctions Rule 11(c)(2)
a. Deter repletion of similar conduct by this attorney and other attorneys similarly situated
6. The court may (discretionary) impose sanctions Rule 11(c)
