What is the deadline to file an answer to a complaint?
100
This is the rule that governs Amended Pleadings.
What is FRCP 15?
100
The governing rule.
What is FRCP 11
100
This is when the Court will impose sanctions.
When 11(b) is violated.
100
Historical limits on joinder of parties.
What is "only if damages are common to all," or "caused by all."
200
FRCP 8(b)(3)
What is the rule on General and Specific Denials.
200
In what ways can you amend a complaint?
Add parties, new claims, change factual allegations, type of relief.
200
What must be signed, and by who?
Every pleading, written motion and other paper.
Be signed by at least one attorney, or by the party if unrepresented.
200
Safe Harbor Provision.
Under what provision do, Before filing a motion for sanctions, you have to serve the offending aprty and give them 21 days to fix the offending pleading.
200
This is why you would consolidate lawsuits.
To help ensure "efficiency" and "uniform judgments."
300
Affirmative Defenses
What is a defense that relies on factual issues not presented in the complaint, such as duress, estoppel, or failure of consideration?
300
In what ways can you amend the answer?
Change a denial to admit and vice versa, lapse in memory, add or remove affirmative defense.
300
These are the first two things that the attorneys are certifying when they sign.
What is, (1) documents not formed for improper purpose
(2) legal contentions are "warranted by existing law" or "nonfrivolous argument for extending/modifying existing law"
300
Sua Sponte sanctions.
What is it called when a court imposes sanctions without waiting for one of the parties to request them, first?
300
This is the rule that governs consolidation of lawsuits.
What is FRCP 42?
400
Defenses by Motion
What is FRCP 12(b), such as lack of subject-matter jxn, personal jxn, improper venue, failure to state a claim upon which relief can be granted?
400
Relating back.
What is it called when the court treats the new claim as though it had been filed with the original claim?
400
These are the third and fourth things that lawyers certify when signing papers.
What is (3) factual contentions have some evidentiary support or will likely have that support.
(4) denials are warranted on evidence or are reasonable.
400
SLAPP suits.
What are suits started by big businesses to get individuals to shut up called?
400
If a required party cannot be joined, this is what happens under FRCP 19.
What is to "proceed without the party," or "dismiss the case."
500
Defenses are waived.
What happens if defenses are not brought up in initial responsive pleadings?
500
With leave of court amendments.
In what kind of amendments does the court consider (1) length and reason for delay and (2) prejudice to the opposing party due to the delay and (3) whether they are amending in good faith, or with a dilatory motive.
500
This topic is also covered in FRCP 11.
What is sanctions
500
Elements of an Anti-SLAPP suit.
What is (1) Constitutionally protected activity
(2) Likely to prevail on the merits.
500
What the CCP uses instead of the words "required" and "permissive"