This is an extract of our Appendix Drafitng Requests document, which we sell as part of our Civil Procedure Outlines collection written by the top tier of University Of Michigan Law School students.
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APPENDIX: DRAFTING REQUIREMENTS???
Standard Header (Rule 10 / pg. 163) o Name of the court o Case number o Names of all parties (in complaint) or first parties et al. (other filings) o Title of the filing o Date o Signature of attorney w/address, email, and telephone Complaint (Forms 10 - 21, pp. 171 - 188) o Statement of Jurisdiction
? SS 1331: Arising under federal laws
? SS 1332: Diversity & Amount in Controversy
? SS 1367: Supplemental (over state law claims) o Factual allegations in numbered paragraphs (satisfying Iqbal/Twombly and Rule 10(b)) o Claim (cause of action + elements) o Prayer for relief, (what P wants) o Optional: request for jury trial (must be made within 14 days of last pleading). Answer (Forms 30 & 31, pp. 189 - 192) o General Denial, Specific Denials, Qualified Denials, or Lack of Knowledge (numbered paragraphs, which specifically reference P's numbered allegations) o Defenses: "First Defense, Second Defense, etc...."
? Iqbal: State P's failure to plead facts showing entitlement is not just possible, but plausible.
? Offset: To the extend P has been compensated for the alleged damages by other persons or entities, any such compensation should be subtracted from P's recovery in this action.
? Any other 12(b) defenses not yet raised (if not omitted from a pretrial motion) o Affirmative Defenses: "First Affirmative Defense..."
? "P's claim is barred by the doctrine of assumption of the risk, and P is estopped from asserting any claim against D as a result." o Counterclaim
? Same requirements as complaint, which includes jurisdiction (often supplemental) Pretrial Motions o For 12(b)(1), state the statute which applies. o For 12(b)(2), state the relevant case law:
? 14th Amendment: Due process clause.
? International Shoe: D must have min. contacts, fair play & subst. justice. Puts D on notice.
? Specific jurisdiction: suit must arise from min. contacts.
? Hanson v. Deckla: contacts may arise from purposeful availment. Consent.
? World Wide Volkswagen: contacts may not arise through unilateral action of others.
? Burger King: reaching out deliberately forms contacts.
? Pennoyer: service in the state establishes PJ (confirmed in Burnham).
? Shaffer v. Heitner: quasi in rem insufficient; court must have jurisdiction over D.
? Carnival Cruise: signing forum selection clause enough to establish PJ.
? Mullane: duty to take reasonable steps to give notice. o For 12(b)(6), state Twombly and Iqbal holdings, Rule 8(a) standard, and why P fails. Motion for Judgment on the Pleadings o Quote 12(c): after pleadings are closed, but early enough not to delay trial. o State failure of D to deny or P to state a claim. o State that the 21-day window for leave to amend under 15(a)(1)(A) has elapsed. Motion for Summary Judgment
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