Law Outlines Civil Procedure II - Outline
A detailed outline with thorough explanations on: The second half of Pleadings, Joinder, Class actions, Discovery, Pretrial Procedures, Trial, and Post-Trial.
All the relevant rules are in red and have color-coded sections for better clarity.
Also contains specific South Carolina laws....
The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Procedure II - Outline. Due to the challenges of extracting text from PDFs, it will have odd formatting:
PLEADINGS CONT.
Pleadings that State Claims (Rule 8(a)) (RED RULES)
Rule 8(a)(1) - Short & plain statement of grounds for jurisdiction
This is where you prove you way in by using the “9 Heads”
Diversity:
List: Citizenship of plaintiff(s)/citizenship of defendant(s), to demonstrate complete diversity.
State: Amount in controversy exceeds $75,000 exclusive of interest and costs
Rule 11: all pleaded allegations must comport with lawyering ethics
Federal Question:
Specify: that part of the U.S. Constitution, federal statutes, or American treaties under which the claim “arises”
Other Bases:
Specify:
Presence of ambassador;
Admiralty claim;
Federal gov’t party;
Lawsuit between States;
Lawsuit between State and another States citizen;
Qualifying land grant claim
Personal Jurisdiction?
No allegations of PJ/venue required by national rule because that is a defense for the defendant to raise.
But must allege there is SMJ because it is un-waivable
By the plaintiff including an argument for PJ it forces the defendant to take a position.
Rule 8(a)(2) - Short & plain statement of the claim, showing that the Pleader is entitled to Relief
Shows when the pleader has pled a Legally Sufficient and Factually Sufficient Claim
Legally Sufficient
Must allege: (otherwise legally insufficient)
Each Element of…
The claim you’re making doesn’t exist or the complaint you are making is
Some valid, substantive legal claim…
Ex. Of invalid: SC never ruling for wrongful life
In “short and plain” terms.
Tested:
By a “demurrer” – in Rule 12(b)(6): Failure to state a claim.
Only the “face” of the pleading and its exhibits are considered (and facts that are judicially noticed.
Factually Sufficient
Must:
“Show” …
In short and plain terms…
Sufficient facts that would entitle pleader to relief
Tested: When are facts alleged “sufficient”?
By a “demurrer” – in Rule 12(b)(6): Failure to state a claim.
Rule 8(a)(3) - Demand for Judgment for Relief Sought
What Relief?
Called: “Prayer”, “Wherefore” or “ad damnum” clause
Pleader must state type of recovery (Monetary? Non-monetary relief?) (Do not need to plead numbers)
Need not demand a specific amount of money (except in diversity cases for SMJ)
Pleader often not limited by relief requested (unless unfair or prejudicial)
Rules that Supplement Rule 8a
More General rules
Rule 8(d)
Simple, concise, direct.
No technical form req’d.
Alternative pleadings
When a party makes 2 different claims and the fact finder needs to find which one works [?]
Hypothetical pleadings
Cannot guess that something “might happen.”
Inconsistent pleadings
As long as there are facts to support each claim you can have alternate claims on the same case
An inconsistency cannot be used to dismiss a claim
Need to discuss them at the same time
Rule 8(e)
Construing Pleadings
“Pleadings must be construed so as to do justice.”
Rule 11 – Signing pleadings
Every pleading must be signed
The act of signing constitutes:
No improper purpose
Claim has legal basis
Claim has factual basis
Defenses not improper
Special Rules
Rule 9
Capacity and authority (Rule 9a) *SPECIAL CASES*
You need not allege
A party’s capacity to sue or be sued;
A party’s authority to sue or be sued in a representative capacity; or
The legal existence of an organized association of person that is made a party
To raise any of those issues, a party must do so by a specific denial, which must stat any supporting facts that are peculiarly within the party’s knowledge
Fraud or Mistake (Rule 9b)
In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.
Conditions of Mind (Rule 9b)
Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.
Conditions Precedent (Rule 9c)
In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed.
But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.
Official act; judgment (Rule 9e)
In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead that judgment or decision without showing jurisdiction to render it.
Time and Place (Rule 9f)
If a pleader includes times and places in her pleading, and in showing that it is not specific, then it can be dismissed
Ex. Pleading the time occurred outside the statute of limitations
Special Damages (Rule 9g)
A special damage is a category or a quantum in that category that is unexpected.
Damages that cannot be anticipated on the pleading as written
Ex. Starting quarterback heading to the Super Bowl and stubbed his toe in Publix
Admiralty & Maritime (Rule 9h)
Favor sailors
If you want admiralty rules, you must say we want to sue under admiralty rules
UNLESS, it is obvious there is no other way you could get into federal court unless it was an Admiralty or Maritime claim
ONLY FRAUD AND MISTAKE & SPECIFIC DAMAGES NEED TO BE ENHANCED CLAIMS WITH SPECIFIC FACTS
Format Rules
Rule 10
Caption (Supp. 8, Section 4a)
Names of parties
Numbered paragraphs
Single Set of Circumstances
Separate “Counts”
To Make a Complaint
MUST SATISFY RULE 8(a) & THE MORE GENERAL RULES (RED RULES)
MUST SATISFY ANY (IF ANY) RULES UNDER RULE 9 (RED RULES)
MUST SATISFY RULE 10 (RED RULES)
MUST BE SIGNED RULE 11 (RED RULES)
LIST OF REQUIREMENTS TO MAKE A COMPLAINT:
Caption and Parties
Numbered Paragraphs; Single Circumstances
Counts
Proper allegation of subject-matter jurisdiction
Statement of claim, showing entitlement to relief:
Short & plain
Legally sufficient
Factually sufficient (“plausible”)
Demand for judgment
Signed in accordance with Rule 11
McCormick v. Kopmann
Count 1: Trucker
Negligent Driving
P...
Buy the full version of these notes or essay plans and more in our Civil Procedure II - Outline.
A detailed outline with thorough explanations on: The second half of Pleadings, Joinder, Class actions, Discovery, Pretrial Procedures, Trial, and Post-Trial.
All the relevant rules are in red and have color-coded sections for better clarity.
Also contains specific South Carolina laws....
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