Civil Policy and Procedure Spring 2005 Outline
Chapter 7 Pleadings and Judgments Based on Pleadings A. Who Writes What With What Plaintiff writes: Complaint Elements: 1.) Jurisdiction 2.) Statement of claim a.) Some cases need heighted specificity under Rule 9 3.) Prayer for Relief a.) Demanding damages
B. Historical Overview 1.) Common Law Pleading 2.) Code Pleading 3.) Notice Pleading
C. The Complaint 1.Requirements Rule 8 (a): This rule says that a claim must have all of these three parts or it will be dismissed but with le a. Elements of a Complaint i. A "short and plain statement of the ground upon which the court's jurisdiction de Rule 8 (a)(1) This is a statement of PJ or SMJ ii. A "short and plain statement of th claim showing that the pleader is entitles to r Rule 8 (a)(2) Statement of Facts and Cause of Action iii. A "demand for judgment for the pleader seeks" Rule 8 (a)(3) Prayer for relief b. Form of Pleadings Rule 10 (a) Must have captions with the names of Parties, docket #, title of action, name of Rule 10 (b) Each new allegation must be in separtate Numbered Paragraphs Rule 10 ( c) May reference other portions of the document to avoid redundance & can attac c. Legal Sufficiency i. Common Law/Code Pleading~ General Demurrer 7© ii. Federal Court ~ Rule 12(b)(6) Motion Issues that can be raised on a vi, Does not have to attack the entire complaint, she can simply address one issu vii. Rule 12(h)(2) allows this challenge to happen after the onset of the case, if de viii. If the sustains the general demurrer or grants Rule 12(b)(6) its usually done ix. Example: Barbie claims when G.I.Joe hit Ken with this Hummer she was dama d. Factual (or "Formal") Sufficiency: The Debate over Sepecificity i. Code Pleading ii. Federal Rules of Pleading I. Dioguardi v. Durning iii.The Common Counts e. Heightened Specificity Requirements in Certain Cases i. Leatherman v. Tarrant Country
f. Pleading Inconsistent Facts and Alternative Theories i. McCormick v. Kopmann 2. Voluntary Dismissal 3. Involuntary Dismissal D. Defendant's Options in Response 1. Motions 2. The Answer a. Responses the the Plaintiff's Allegations i. Admissions ii. Denials iii. Denials for Lack of Knowledge or Information b.Affirmative Defenses 3. Claims by the Defedant 4. Failure to Respond: Default and Default Judgement E. Amended Pleadings 1. Basic Principle Under Rule 15(a) 2. The Problem of Variance Under 15(b) 3. Amendement to the Statute of Limitiations Under Rule 15 ( c ) a. Amendment to Claims or Defense ii. Marsh v. Coleman Company b. Amendment Changing a Party F. Supplemental Pleading G. Veracity in Pleading: Rule 11 and Other Devices 1. Rule 11 a. Model Rules of Professional Conduct b. Hadges v. Yonkers Racing Corp. 2. Other Sanctions Chapter 8 Discovery A. Introduction & Intergration B. Overview of the Discovery Devices 1. Required Initial Disclosures (Rule 26(a)(1)) 2. Depositions (Rules 30, 31) 3. Interrogatories (Rule 33) 4. Production of Documents and Things (Rule 34) 5. Medical Examination (Rule 35) 6.Requests for Admission (Rule 36) 7. Practice Problem C.Scope of Discovery 1. General Scope a. Roesberg v. Johns-Manville Corp. 2. Relation to Rules of Evidence 3. Privileged Material 4. Work Product a. Hickman v. Taylor b. Holmgren v. State Farm Mutual Insurance Co. 5. Expert a. Ager v. Jane C. Stormont Hospital & Training 6. Review Problem D. Timing and Pretrail Disclousers, Confereences, and Order 1, Timing 2. Pretrial Disclosures 3. Pretrial Conferences and Order
E. Sanctions 1. Washington State Physicaians Ins. Exchange & Ass'n v. Fisons Corp. 2. Holmgren v. State Farm Mutual Automoblie Insurance Co.
2005 Outline
parts or it will be dismissed but with leave to ammene upon which the court's jurisdiction depends"
owing that the pleader is entitles to relief"
es, docket #, title of action, name of court umbered Paragraphs ment to avoid redundance & can attach exhibts which become part of the document
aint, she can simply address one issue if she so chooses ppen after the onset of the case, if defendant leans of deficency later, she dosen't lose her right. grants Rule 12(b)(6) its usually done with leave to amend, but the second time claim fails then final judgement for Def. Ken with this Hummer she was damaged by loss of consortium. The Law defines consortium as the loss of conjugal fellowship and sexual re
ement for Def. s of conjugal fellowship and sexual relations between a husband and wife and is recoverable. But in her complaint, Barbie doesn't allege a re
complaint, Barbie doesn't allege a relationship with Ken. Court would probably grant G.I. Joe's 12(b)(6) motion with leave for Barbie to amm
motion with leave for Barbie to ammend. When she refiles she alleges she and Ken were live-in-lovers. The precedent does not allow no m
s. The precedent does not allow no married