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10 Cards in this Set
- Front
- Back
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What are the three ways Venue will be proper?
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1. Where any D resides if all D's reside in the same state; or 2. any substantial part of the claim arose; or 3. where the property at issue is located |
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What is required of a complaint? |
Must contain sufficient facts to place the adversary on notice of PLAUSABLE claims that are asserted against it.
- BUT fraud claims require more particularity. |
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What three things does Rule 11 require in a pleading?
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1. The paper is not for an improper PURPOSE, and 2. The legal contentions are warranted by LAW (or non-frivolous argument for law change), and 3. The FACTUAL contentions and denials of factual contentions have evidentiary support (or are likely to after further investigation). |
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What three things must be in the first response otherwise they will be waived?
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1. PJ 2. Improper Service 3. Venue |
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What are the three options in an answer?
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1. Admit 2. Deny 3. Insufficient information |
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When must affirmative defenses be plead?
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In the answer, or they are waived. |
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When does a pleader have the RIGHT to amend?
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Within 21 days of receiving service of response or pleading
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When is there discretion to amend?
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Until the SoL expires.
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When can a party amend to add a new claim?
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If the new claims derive from the same transaction or occurrence of the earlier, timely filed claims. |
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What two things are required for a party to amend to add a new party?
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1. The amendment against the new party must derive from the same transaction or occurrence of the earlier, timely filed, claims. 2. New party must have acquired knowledge, that but for a mistake in name, it would have been sued, within 120 days of the filing the earlier timely filed complaint. |
