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10 Cards in this Set

  • Front
  • Back

What are the three ways Venue will be proper?

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

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.

What three things does Rule 11 require in a pleading?

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).

What three things must be in the first response otherwise they will be waived?

1. PJ

2. Improper Service

3. Venue

What are the three options in an answer?

1. Admit

2. Deny

3. Insufficient information

When must affirmative defenses be plead?

In the answer, or they are waived.

When does a pleader have the RIGHT to amend?

Within 21 days of receiving service of response or pleading

When is there discretion to amend?

Until the SoL expires.

When can a party amend to add a new claim?

If the new claims derive from the same transaction or occurrence of the earlier, timely filed claims.

What two things are required for a party to amend to add a new party?

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.