Rule 15
21 days after service or answer
What is 8(a)(1)?
short and plain statement on the grounds of the courts jurisdiction
How long do you have to answer if a motion is granted or denied?
14 days
What must a lawyer due on every document?
Sign it
How would you define plausibility in Twiqbal?
“court can draw reasonable inferences that the defendant is liable for the misconduct alleged.”
What is the time to respond after an amend?
14 days after amend or 21 days from service, whatever is longer.
What is 8(a)(3)?
demand for relief sought
What are the 7 motions under 12B
ack of Subject Matter Jurisdiction (Anytime)
Lack of Personal Jurisdiction (Before answer - Special appearance)
Improper Venue (Before answer)
Improper Process (Before answer)
Improper Service of Process (Before answer)
Failure to state a claim in which D is entitled to relief (Before answer or in Pleading)
Failure to join party (Before answer or in pleading)
What is reasonable under the circumstances?
Depends on the circumstances. Look at the facts and the circumstances and make a reasonable basis of truth or lie
Affirmative defenses?
If you do not use them, then you lose them.
Can there be an amendment at trial? What about if you allow the evidence to be heard but don't object it?
What is 8(a)(2)?
Short and plain statement showing that the pleader is entitled to relief
What is motion for judgment on the pleading
After pleading stage is over
Move to win case based on pleading and answer
Asking for judgment just on pleading
4 grounds for sanctions
Presented for improper purpose (harass, delay)
Warranted by existing law and not frivolous arguments
Factual Allegation have evidentiary support
Warranted on the evidence
Show why they are insufficient
“Didn’t rule out other explanations”
“Just pleasing facts consistent with allegations isn’t enough”
What are the parts of relation back for new claims?
state law allows it
OR
comes out of common transaction or occurrence
Compare and Contrast facts of Twiqbal
Twimbol- Just pleading facts that were consistent with conspiracy was not enough. The companies went to all 4 corners to do business.
Iqbal- Just pleading facts that were consistent with discrimination was not enough. Because he was muslim and being locked up doesn’t mean it was desciminatiory, rather, 9/11 and Al-Queda proved to be the actual reason.
Motion for more definite statement
Complaint is so vague or ambiguous that Defendant can not responsibly prepare a response
Examples: Typo’s or can't understand, No subjects
Don’t admit or deny, ask court to fix
*Don’t confuse this with Twiqbal
What is the Safe Harbor rule?
A motion for sanctions must be made separately. Non-moving party has 21 days to fix their mistake before sanctions can be applied
Who all can be sanctioned?
Attorney, client, and firm
What are the parts of relation back for adding a different party?
Common nucleus
and
Within 90 days they should have received notice of a lawsuit
and
Did outsider know or should have known the original action would have been brought against them if the plaintiff did not mess up?
What does 8(b)(1) state?
Short and plain terms its defense to each claim asserted against it
Admit or deny the allegations against it; Claim by Claim
Motion to strike
Court can do it on its own or by filing a motion
Can do so if redundant
Immaterial: Does not relate to claim
Impertinent or Scandalous: No relation, in here to humiliate or harass
How do court sanctions work with penalties?
Non-monetary directive
Order to pay a penalty to the court
Payment to the movant or attorney’s fees and other expenses directly resulting from violations
(C)(5) Court can not impose monetary sanctions on a client for violating 11(b)(2)
(C)(6) An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction
What is coffee called?
Dirty Bean Juice