Understand that in this page, these are the rules for pleadings/ what you initially need to do to go to trial. It is the litigant's initial opportunity to get their story into court. The rest goes into Discovery.
1. Requirements:
a. Basis for Jurisdiction Rule 8(a)(1): Does the complaint adequately alledge the grounds for the court's subject matter jurisdiction?
b. Statement of Claims Rule 8(a)(2): A short and plain statement of the claim showing that the pleader is entitled to relief. Must include legal sufficiency and factual sufficiency. Legal sufficiency examines only the face of the pleadings and requires all of the elements to be presented to be plead. It is tested by demurrer in a 12(b)(6) motion. For information about factual sufficiency, see the following cases. A pleading must show sufficient facts in short and plain terms that entitle the plaintiff to relief.
c. Remedies Rule 8(a)(3): demand for judgment for the relief sought, which may include relief in the alternative or different types of relief.
2. Cases for Reference on Pleading issues:
a. Conley v. Gibson: setting the standard- we do not want the pleadings bar to be too high as to hurt justice, facts will be put in discovery later. The purpose of the pleadings is mostly to give notice as to the claim and the grounds for relief. "A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
THE NO SET OF FACTS TEST: is there no set of facts under which you can recover relief from what you have set forth in your pleading?
b. Dioguardi v. Durning: "only a short and plain statement of the facts" is necessary. it must be enough to put defendant on notice.
c. Bell Atlantic Corp. v. Twombly- Regarding FRCP Rule 9: The Supreme Court required more than just substantive law to get into court, facts must also be plead. This is the PLAUSIBILITY TEST: Pleadings must show that the case is plausible not probable.
d. Ashcroft v. Iqbal: further develops the need for plausible facts in a pleading. A claim of policy is not enough to show religious discrimination, there must be facts; recitals of elements of a cause of action, supported by mere conclusory statements do not suffice."
1. Special Appearance: RULE 12 abolishes the distinction between special and general appearance by allowing D to raise defenses and object to PJ at the same time in response to a pleading or a motion. The case must first show jurisdiction and if P shows up then it usually waives any PJ challenge unless P has shown up to refute PJ.
2. Motions that can be made after the complaint has been filed: (most are in RULE 12):
- lack of subject- matter jurisdiction- can be brought anytime
- lack of personal jurisdiction- at the outset this can be refuted
- improper venue- at the outset this can be refuted
- insufficient process- at the outset this can be refuted
- failure to state a claim upon which relief can be granted- can be brought at anytime up to trial
- failure to join a party under Rule 19- can be brought at anytime up to trial
3. Other Rules:
- Rule 12(e) Motion for a more definite statement
- Rule 12(f) Motion to strike
4. Rule 12(b)(6):
- look at the complaint, no other pleading or evidence and for the purposes of the motion, assume all facts are true. P must have alleged the necessary element sof the claim and plead sufficient facts by the Plausibility Test.
The answer is filed by the defendant in response to the allegations.
Rule 8- D can admit, deny, or under Rule 8(5) can say there is insufficient information to determine (which serves as a denial). Just remember that you cannot later bring up a defense (and P cannot bring a cause of action) that is not in the pleadings. Rule 8(c)(1)- In responding to a complaint, a party must affirmatively state any avoidance or defense. Rule 8(b)(6)- if a responsive pleading is not required, an allegations in considered denied or avoided.
The complaint and the answer set up the universe for what happens at trial. This is not the opportunity to raise an unrelated issue. The trial is limited to what the pleadings discuss and the complaint serves the purpose of putting the defendant on notice. But... what happens if something changes? Good news! There is an opportunity to amend pleadings.
FRCP Rule 15 Method for Amending the Complaint:
15(a)- before trial amendments: a party may amend pleadings once as a matter of course within 21 days after serving it or if the pleading is one where there is a responsive pleading requirement, the party may amend within 21 days after service. D must respond to any amendment within 14 days.
15(a)(2)- The court should freely give leave when justice so requires. It is at the discretion of the court considering the facts and good faith.
15(b)- Amenments during and after trial: if something is raised and the other party fails to object, there is implied consent and treated like the argument was raised in the pleadings.
15(c)(1) Relation Back: amendments will relate back if they only flesh out the factual details, change legal theory, or add another claim arising out of the same transaction, occurrence, or conduct. Relation back is denied those amendments that are based on entirely different facts, transactions, and occurrences.
Rule 11- applied to Pleadings. There is a separate rule for discovery. There is judicial discretion- the court may impose an appropriate sanction on an attorney that violates a rule or is responsible for the violation. The law firm can be on the hook for what the attorney does. The goal of sanctions is to deter future bad behavior. There is no good faith element- if the party did wrong, the court may impose sanctions.
There is a 21- day Safe Harbor Provision that prevents sanctions from being filed within 21 days after service. This is so that if there is a problem, the plaintiff has a chance to correct it first.
By presenting to the court a pleading, written motions, or other paper whether by signing, filing, submitting, or later advocating it, an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, an attormey or unrepresented party certifies that (1) it is not being present for an improper purpose, (2) the contentions are warranted by law or a nonfrivilous attempt to modify law, (3) the factual contentions have evidentiary support, (4) any denials of factual contentions have evidentiary support. The purpose is to discourage frivilous lawsuits that take up the court's time.