What goes into an answer? Admissions Denials Allegations of lacking knowledge or information sufficient to form a belief (which is treated as a denial) Rule 8(c) affirmative defenses Rule 12(b) defenses (if still available) Counterclaims against claimants Crossclaims against co-parties Note that third-party claims (FRCP 14) are asserted in a separate pleading, the “third party […]
Instructions: For the four scenarios below, does the amended complaint avoid statute of limitations problems by relating back to the time the original complaint was filed? See FRCP 15(c)(1)(C). Facts: Prior to the expiration of the statute of limitations (SOL), Paul sues Donald for negligence arising from a car accident. He files and serves the […]
Draft answers to the following allegations in compliance with the FRCP. HYPO ONE Relevant allegation: 3) Defendant borrowed the plaintiff’s red Mazda Miata, dented it, and never returned it. What you learn after your Rule 11 inquiry: Your client did borrow the plaintiff’s Mazda Miata and did dent it, although your client did return it. […]
All suits take place in federal court Facts for Questions 1-4: P sues D for driving negligently and causing P injury. P demands $100K for his extensive medical bills. P had D served with the complaint and summons on January 1, 2015. A month passes and D does not answer or otherwise defend again the […]
