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9 Cards in this Set

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  • Back
Federal Rule 7
Plantiff's statement of a cause of action. Pleading refers to the complaint (by P), the answer (by D), and sometimes a reply (by P).
Federal Rule 11a
By signing the pleading the attorney is verifying that the pleading isn't being used for any improper purpose.
Federal Rule 11c
Outlines sanctions if Rule 11 is violated. Court must impose an appropriate sancition on either the signing lawyer, the client, or both.
Most common Rule 11 Sanction?
Attorney's fee's for the opposing party.
What is the Grace Period for a party facing a Rule 11 motion?
The party against whom a Rule 11 motion is made has 21 days to withdraw or modify their pleading.
Federal Rule 8a
The complaint must contain:

1. A short plain statement of the basis for SMJ.
2. A short plain statement of the P's claim, and
3. A demand for judgment for the relief the P seeks.
Federal Rule 9
Deals with Special Matters that require pleading with specificity if they are to be raised at trial which include:

1. Capacity
2. Fraud or Mistake
3. Condition Precedent
4. Official Document, Act, or Judgment
5. Time and Place
6. Special Damages
7. Admiralty and Maritime Jurisdiction

Note: This applies to Answer as well.
What is the effect of failure to plead special matters?
The pleader takes the full risk of the failure to plead any special matter. may lose right to plead the special matter at all, unless ct. agrees to specially permit.
Federal Rule 11
Establishes standards of conduct and prevents baseless filings. Can be held liable for lack of reasonable inquiry into the truth (objective standard of reasonableness).