1Under Rule 11, which documents must be signed in every civil case, and by whom?
Under this rule, every pleading, written motion, and other paper must be signed by the party’s attorney of record or by the party if the party does not have an attorney.
2Pleading
A formal document, filed with the court, in which a party asserts its claims or defenses. Examples authorized by the FRCP are:
• complaint,
• answer to the complaint,
• answer to a counterclaim,
• answer to a crossclaim,
• third-party complaint,
• answer to a third-party complaint, and
• reply to an answer.
3Examples of pleadings authorized by the FRCP are:
• complaint,
• answer to the complaint,
• answer to a counterclaim,
• answer to a crossclaim,
• third-party complaint,
• answer to a third-party complaint, and
• reply to an answer.
FRCP 7, 8.
4
Does Rule 11 apply only when an attorney or party files a paper with the court?
• No. This rule applies whenever an attorney or party presents a paper to the court.
• Presenting, as defined by this rule, includes signing, filing, submitting, or later advocating a paper.
5Under Rule 11, someone who presents a paper to the court certifies that the paper is based on what kind of inquiry?
Under this Rule, the presenter certifies that the paper is based on an inquiry that is reasonable under the circumstances.
6Term Notice Pleading
• In this system, a party need only include enough factual detail in a pleading to give the other party notice of the claim or defense.
• Requires minimal factual detail, in the expectation that the parties will develop the facts more fully as the case progresses. T
• The federal system is generally regarded as a notice-pleading system.
7In general, how much factual detail must a plaintiff include in the complaint to satisfy the federal pleading requirements?
In general, a federal complaint must contain enough facts to state a claim that is plausible on its face if those facts are assumed to be true This requires more than mere conclusions of fact or law. Nonetheless, pleadings typically do not need to include great factual detail.
8May a party assert alternative or inconsistent claims, defenses, or demands for relief?
Yes. A party may plead alternative or inconsistent claims, defenses, or demands for relief in the same pleading. The party’s ultimate grounds for recovery or defense will depend on the final development of the facts at trial.
FRCP 8(d)(2).
9The three essential components of a federal complaint?
(1) Grounds for jurisdiction,
(2) Short and plain statement of the claim, and
(3) Demand for relief.
FRCP 8(a)
10May a court award relief that was not demanded in the pleadings?
Yes. A pleading that states a claim for relief must contain a demand for the relief sought.
However, the court may award any relief that it deems appropriate, even if that relief wasn't identified in the pleadings.
FRCP 8(a)(3), 54(c).
11What special pleading requirement applies to allegations of fraud or mistake?
In a federal civil case, the circumstances constituting fraud or mistake must be pleaded with particularity. Meaning the underlying facts must be alleged more specifically, and in more detail, than the facts underlying other kinds of allegations.
FRCP 9(b).
12What are the three major components of the answer or other responsive pleading?
(1) state its defenses in short and plain terms,
(2) admit or deny the opposing party’s allegations, and
(3) raise any affirmative defenses.
FRCP 8(b)-(c).
13In a federal civil case, how long does the defendant have to answer the complaint?
DF must normally serve the answer on the plaintiff w/in 21 days after service of summons & complaint. If DF waives service of process, DF must serve the answer w/in 60 days from when waiver request was sent, or w/in 90 days if request was sent to DF outside the USA. If DF makes a pre-answer motion, DF must serve the answer w/in 14 days of the court’s ruling on the motion.
FRCP 4(d), 12(a).
14
General Denial
A statement in a responsive pleading that denies all of the allegations in the opposing party’s pleading, including the grounds for the court’s jurisdiction.
FRCP 8(b)(3).
15Specific denial
A statement in a responsive pleading that denies particular allegations in an opposing party’s pleading. They're used if the responding party intends to admit some allegations and deny others. The responding party may either deny specific allegations or make a general denial of all allegations except those that it specifically admits.
FRCP 8(b)(3).
16If a party intends to deny only part of an allegation, must the party admit the remaining part?
Yes. If a party intends to deny only part of an allegation, then that party must admit whatever part of the allegation is true and deny the rest. In other words, a party may not deny an entire allegation merely because some part of it is untrue.
FRCP 8(b)(4).
17In a responsive pleading, how should a party respond if the party does not know whether an allegation is true or false?
• A party that doesn't have enough knowledge or info to determine the truth of an allegation must say so. This has the same effect as a denial.
• A similar issue can arise if a party believes that an allegation is false but lacks sufficient knowledge to deny the allegation definitively. In this situation, courts often allow the DF to deny the allegation so long as the DF has enough info to form a good-faith belief that the allegation is false.
18In a federal civil case, what is the procedural effect of a party’s failure to deny an allegation in an opposing party’s pleading?
If a responsive pleading is required, and the responding party does not deny an opposing party’s allegation, then that allegation is deemed to be admitted. However, this rule does not apply to any allegation regarding the amount of damages.
FRCP 8(b)(6).
19Affirmative defense
Alleges facts in addition to those alleged by the plaintiff that will limit or eliminate the defendant’s liability. The federal civil rules list a number of these, including the statute of limitations, waiver, and fraud.
FRCP 8(c).
20In a federal civil case, must a party plead its affirmative defenses?
Yes. A party must plead any affirmative defenses in the answer or other responsive pleading. An affirmative defense that is not pleaded will be waived.
FRCP 8(c).
21Counterclaim
Most simply described as a claim by a defendant against a plaintiff. More technically, a counterclaim is a claim by any defending party against someone who is asserting a claim against the defending party.
FRCP 13.
22Under what conditions does one claim arise out of the same transaction or occurrence as another claim for purposes of the federal pleading rules?
In federal pleading, a claim arises out of the same transaction or occurrence as another claim if the two claims arise from the same events, involve largely identical issues of law and fact, or will be litigated using substantially the same evidence. These claims are sometimes said to share a common nucleus of operative fact.
23May a state claim proceed in federal court when it accompanies a federal claim that arises from a "common nucleus of operative fact"?
Yes, a state-law cause of action is justiciable in federal court alongside a federal claim if one would expect the two claims to be tried in one judicial proceeding and are derivd from a "common nucleus of operative fact" (same "bundle of facts).
United Mine Workers of America v. Gibbs (1966)
24current supplemental jurisdiction statute
28 U.S.C. § 1367.
25When can district courts refuse supplemental jurisdiction?
Subsection 1367(c) provides that a district court “may” decline to exercise jurisdiction over a claim under subsection (a) if (1) the claim raises a novel or complex issue of state law; (2) the claim substantially predominates over the claim(s) over which the district court has original jurisdiction; (3) the district court has dismissed all claims over which it has original jurisdiction;5 or (4) in “exceptional circumstances,” when there are other “compelling reasons” to decline jurisdiction. 28 U.S.C. § 1367(c); Parker, 468 F.3d at 743.