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3 Cards in this Set
- Front
- Back
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COMPLAINT: 3 essential parts under 8(a)
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1. Jurisdiction: A short and plain statement of the ground on which the court's jurisdiction
2. Claim: A short and plain statement of the claim showing that the pleader is entitled to relief. It need only identify the occurrence from which the claim arose so as to notify D of the essence of the claim 3. Relief: A demand for judgment for the relief the pleader seeks |
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THIRD-PARTY COMPLAINT
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Complaint D files against a non-party. Most complaints seek indemnity or contribution. In other words, the D claims that party may be liable to him for all or party of P's claim against him. Third-party must file an answer
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HEIGHTENED PLEADINGS
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Certain types of claims, such as, fraud, mistake, & special damages must be pleaded with particularity
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