quick response

assert the 12b's

asking the court do do something for you

must reply to every allegation

admit/deny/lack

any improper response can be treated as admitted

partial denials ok

do not need to be pleaded

must be in the answer

21 days (no waiver)

60 days (waiver)

not always necessary

used if the defense wants to counterclaim

follow same rules as answer

short, plain statement

is only requirement

allegations of fraud must be pleaded in detail

signing a complaint a later advocating the points means that you promise that

1) the purpose of filing is not to delay

2) legal arguments are warranted by exisiting law or at least have merited arguments to change the law

3) facts have support

4) denials have support

1) on the spot

2) verbal, monetary, written

3) mistakes of law are against the lawyer

4) mistakes of fact can be against the lawyer or the party

plausibilty pleading

possible new pleading era

can amend once within 21 days of service

or 21 days from responsive pleading if one was nec.

other party has 14 days to respond to the amended complaint

other situations--must ask the court OR other counsel

After the SOL has run amendments must relate back to the original claim

relation back determined by 

1) statute

2) common nucleus

3) defendant switch out

Switching Defendants

(Rule 15)

 new claims must arise from the same transaction, AND

 within 120 days of the filing

                        1) the new ∆ must be notified

                                        2) new ∆ knew that but for the mistake, they would have been a party to the original complaint

there is no federal common law

federal courts apply the law of the state in which they sit in

1) undue delay

2) bad faith

3) prejudice the other party (i.e. late in the game, end of discovery, month before trial, etc)

4) futility