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. Also, the Miata was blue, not red.
Assignment: Draft an answer to the allegation in compliance with Rule 8. Can you issue a general denial?
HYPO TWO
Relevant allegation:
5) On Jan. 1, 2015, defendant took my green tractor from the front yard of my rabbit farm at 100 Main St., Coral Gables, FL without permission.
What you learn after your Rule 11 inquiry: Your client knows that on Jan. 2, 2015, she took a tractor from 100 Main St., Coral Gables, FL, but returned it the next day. It was black, not green. It was taken from the back yard, not the front. Your client has no idea who owns or occupies the farm at 100 Main St. That farm raises aquatic turtles and not rabbits. Your client thought the people living there wouldn’t mind if she borrowed the tractor. Your client has no idea who owns the tractor.
Assignment: Draft an answer to the allegation in compliance with Rule 8. Can you issue a general denial?
Added Jan. 13, 2015