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18 Cards in this Set

  • Front
  • Back
Rule 8
General Rules of Pleading
Complaint Requirements
(1) Statement of the basis for the court's jurisdiction
(2) A statement of the relief the plaintiff is seeking
(3) a short and plain statement of the claim showing that the pleader is entitled to relief 8(a)
Bell v. Twombly
Must allege enough to show that their claim is plausible and not just conceivable
Conley v. Gibson
1957 decision by SCOTUS that pleading should be extremely liberally interpreted, may be different now after twombly/iqbal
Rule 8(d)(3)
Plaintiff may plead inconsistent claims and allegations and different damages depending on what is found true
Rule 8(b)
requires defendant to admit or deny each allegation in the complaint ¶ by ¶
(may say i dont know, but saying nothing is an admission)
Rule 10(b)
Requires the complaint be made paragraph by paragraph
Rule 8 (c)
Affirmative Defenses
Rule 11
Signing the pleadings, sanctions and factuality of the allegation, can go even after new law if you want
28 USC 1367
(a) grants supplemental jurisdiction to claims within the nucleus of operative fact and (b) takes it away if claim made by P against D made party under 14 19 20 and 24 that kills diversity.
Rule 15
Amended and supplemental pleading
Rule 15(a)(1)
One may amend complaint once as a matter of course before a responsive pleading is served.
Rule 7(a) and 7(b)
7a - pleadings (defined and allowed)
7b - motions
Rule 15(a)(2)
judge should grant amendments liberally when just so requires, and can be granted with opposing counsels permission
FRCP 15(c)(1)(C)
Three requirements to amend the party
(1) - Must arise out of the same events as the original pleading
(2) - the defendant being added must have received such notice of the action that it will not be prejudiced in defending on the merits
(3) - new defendant brought in knew or should have known the action would have been brought against him, but for a mistake concerning the identity.
SOL +120 days given in 4(m)
FRCP 15(b)
Allows amendments even up to trial for allegations that were impliedly tried in discovery etc
FRCP 26(b)(1)
(b) Discovery Scope and Limits. (1) Scope in General. Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense--including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter.
For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. All discovery is subject to the limitations imposed by Rule 26(b)(2)(C).
Discovery and Pleading
Discoverable information is info relevant to claims or defenses.