Civil Procedure: Pleadings & Complaint

Pleadings (Complaint)

• A civil action starts when the complaint is filed.
• A complaint should have a succinct, clear statement showing the pleader's entitlement to relief.

Function, Form, and Contents of a Complaint

• The function of a complaint, as per Rule 3, is to commence a civil action.
• Initiating litigation is exclusively done through a complaint as specified in Rules 1 and 2.
• A complaint's form is uniform, guided by Rule 10, including:
  • The Title (X v. Y)
  • File #
  • Numbered paragraphs
  • Separate counts for claims and defenses
• Rule 10 outlines the form of pleadings, coupled with Rule 7(a) listing the types of pleadings allowed.
• The contents of a complaint are detailed in Rule 8(a):
  • 8(a)(1): A succinct, clear statement of jurisdiction.
  • 8(a)(2): A succinct, clear statement of the claim showing the pleader's entitlement to relief.
  • 8(a)(3): A demand for relief.

Rule 8(a)(2) Pleading Standard

• 8(a)(2) requires a concise, plain claim statement showing entitlement to relief.
• The facts of the case is required to show:
  • Parties' identities and relationships.
  • How the dispute ended up in the specific court used.
• Allegations must provide adequate notice of the claim and its basis to facilitate a decision based on merit.
• A complaint is legally adequate if it presents a set of facts that would entitle the plaintiff to relief.

Separating Pleading from Proof

• Courts distinguish between pleading and proof, or procedure and substance.
• Proof is not required up front, but comes during the trial to support claims made in the pleadings.

Comparing Pleading Standards

• Stricter pleading demand, compare 8(a)(2) against Rule 9(b), is an exception to 8(a) requiring more specific details for certain claims.
• The purpose of the change is to ensure fair notice and focus on the core issues of the claim
• Merit = facts + substance of the law
  • Determine if the facts align with the legal right to relief
  • Decide cases according to the substance of the law.
• The general pleading standard in 8(a)(2) contrasts with the more stringent standard in 9(b) for special matters.
• The Court modified 8(a)(2)'s requirements in Twombly and Iqbal.
• Rule 9(b) asks for more detail than 8(a)(2) requiring more detailed facts as evidenced upfront.
• Detail needed is the who, what, where, when, and how.
  • Who made the statement?
  • What was said?
  • Where was it documented?
  • How were you affected?

Pleading Standards Examples

• Hypo 1: Taking a car without permission, a lawsuit for its value applies Rule 8(a)(2) as it is not fraud or mistake.
• Hypo 2: Claiming a medical emergency to get a car and then keeping it, suing for its value falls under Rule 9(b) due to the fraudulent nature of the act.
• Rule 9(b) is rooted in historical requirements for pleading fraud at the time when it was a defense.
• It is essential to adhere to either 8(a)(2) or 9(b) based on the situation's requirements.

Rule 9(b) - Plausibility

• A new concept altered the 'no set of facts' language from Conley.
• Departing from Conley raises the bar for those that want their case heard without being dismissed.
• Under Conley, courts check universe of facts and possibilities to support the claim.
• A barebones complaint may even invoke the court to permit the claim.
• Post Twombly, judges evaluate the complaint to determine if it is plausible and infer if the allegations are merely conclusory.
• If any information is missing, Courts err to dismiss the claim.

Twiqbal

• Court needs to make clear the allegations of discrimination were not descriptive or specific.
• Court will consider:
  • If the allegations discrimination were not specific
  • If individual facts or discriminatory acts are absent
• Courts interpret the short and plain claim statement showing the plaintiff is entitled to relief.

Pleading Standard Two-Step Process:

• Determination whether facts demonstrate a plausibly purposeful detainment.
  • Step 1: Strike any assertions of law from the claim.
• An example of conclusory statements is discrimination based on a protected category without factual support
• Court disregard conclusory allegation

Applying Plausibility Analysis from Twombly

• A court needs P to provide facts that suggest discrimination based on race, religion, etc.
• Suggest Liability, beyond mere consistency with liability
• P must show facts that suggests more likely than not specific discrimination
• Twombly and Iqbal have raised the bar of Rule 8(a)(2) closer to Rule 9(b).
• Courts looked at probability instead of fantastical or real world situations.
• Pleader must allege with enough facts to make the claim go from "conceivable" to "plausible"
• P needs to give D fair notice of the claim

Conley

• There needs to be fair notice with the grounds for relief.
• Suffice to say that there are no facts that would lead to liability.

Twombly

• Standard is plausibility, fairness is demoted because it depends more on pleading rather than notice.

Iqbal

• The law is bifurcated:
  • discard legal conclusions
  • explanations unlikely

Extra Pleading Requirements (Rule 8(d))

• Rule 8(d) now allows pleaders to make alternative or inconsistent statements, unlike common law, which did not.
• Allowed types of alternative statements:
  • Alternative claims or defenses (confident one is true but unsure which).
  • Hypothetical claim or defense (e.g., in a negligence claim).
  • Inconsistent statements (e.g., no contract exists, but if it did, the defendant would be excused).

Pre-Answer Motions

• A motion is defined as something you file that will be brought to the court
• From the Defendant's viewpoint it may be choices if receiving a complaint:
  • File an answer [per Rule 12(a)(1)(A)]. A defendant must serve an answer.
  • File a Pre-Answer Motion [per Rule 12(b)] you can raise defenses by motions

Defensive Motions

• 12(b)(1) – Lack of Subject Matter Jurisdiction (SMJ):
  • The court lacks the power to hear the subject matter of the lawsuit.
• 12(b)(2) – Lack of Personal Jurisdiction (PJ):
  • The court lacks authority over the parties.
• 12(b)(3) – Improper Venue:
  • The case is in the wrong court.
• 12(b)(4) – Insufficient Process:
  • There is a problem with notifying the defendant of the claim.
• 12(b)(5) – Insufficient Service of Process:
  • Defect in the means used to serve the defendant

Important Motions to make before trial:

• 12(b)(6): Motion to Dismiss, to prevent the trial from happening by expressing there are not ground for relief.
• 12(b)(7): Failure to Join a Party:
  • Someone necessary is missing from the lawsuit.

What is a Motion?

• Is not a pleading and something is filed with the court.
• In the event of one, the court will determine if facts give rise to rights recognized

Motion to Dismiss

• When you move for 12(b)(6), you're saying, even if every claim is true, it fails to give them right for relief.
• Cannot be fixed with more facts if its legally insufficient.
• Post Twombly and Iqbal: facts need to be plausible, with thrown out conclusory statements, and comparison of standard facts.
• The court can only look at facts from the complaint, and can't introduce new facts.
• Has a goal to test Legal claims of Sufficiency
• Court takes claims at 100% true, despite if its believed or not, to agree or disagree.
• As defense strategy, file motion.

Answer - Rule 8 (b)

• A legal answer should:
  • respond to allegations in complaint
  • assert new allegations
• Defendant has option to: admit, deny, or have insufficient information
• Denial is sufficient if it fairly responds to allegations, and cant deny what's true
• Court can deem allegations are admitted if the defendant does not admit them in the case.

Answer Facts:

• It's the Defendant's job to file this
• Allegations have to be clear
• If the complaints mirror each other at trial, a plausibiliity test may be implemented
• Any affrimative defenses need to be asserted.

12(c) Motion for Judgement on the Pleadings

• Similar to 12(b)(6) motion and summary judgement
• Made after pleadings closed and may be made by either party
• Goal: to deficiencies in the answer

Amending the Pleadings

• Once both sides (P & D) closed pleadings(completed filing)
• Each party has opportunity to amend pleadings once
• Can amend pleadings with assistance from court and other member's agreement
• Rule 15(a)(1) short period (21 days) to make amendments without need for court permission
• Relation Back: if amendment occurs after limitations of statute, it can be considered if it comes from the same conduct or incident from previous court pleadings

Joinder

• Party can include new claims and defense when it comes to original cases
• Parties may need to make counterclaim with another party who are asserting it on first party

Joinder of Claims

• Simple Claim or Defense (Rules 8 and 9) P v. D Counterclaim (Rule 13(a), (b)) P v. D Multiple
• Claims or Defenses (Rules 18, 8(d)) P v. D
• Cross Claim (Rule 13(g)) P v. D1 D2
• Party can make joint case if claim is a transaction
• Defending party may join person not named in party as 3rd party defendant if person could contribute to indemnification

Permissive Joinder

• Multiple plaintiffs can choose can be joined
• multiple defendants can choose to be joined
• Plaintiff determines the lawsuit, but D can choose the be joined.
• Must have same facts, logically, with evidentiary
• D needs to derived from original claim during pleading phase to know if it can join

Impleader or Third-Party Practice (Rule 14)

• Bring in person to case as third-party
• When TPP liable to TPD, derives of P claim of TPP
• The indemnification = how law distribute losses, allows liable to transfer some or whole
• Contributation TPP, TPD share share of liability
• Indemnification = take away responsibility.

Rule 14,18, Intervention

• Rule 14 & 18 establish a case shape unallowed on their own w/o each other
• Nonparty can come to an already existing case
• A stakeholder can join and call others to interlead to what all potentially interested people are bonded.

Circumstances a Person Intervene

• Has right to intervene when statute allow.
• Even when there is not status, party can intervene with these reasons to make it possible:
  • Have interest on the case's claim/ outcome
  • Disposing of case impede that person to protect case
  • Existing and adequate parties may not adequately represent

Interpretation of Rule 24(Intervention)

• Broader allows intervention:
  • Allows for potential intervenors to become plaintiff
  • Can change strategy of other parties imposing on autonomy.
• Effects joinder rules
• Reduces the effects of Rule 8(a)(2), 13,20
• High chance to result upside down: may not have those claims and case affect the results

Animus

• Allow submit short claim.
• Required joinder is an exception.
• 19 allows to add those that already exist.

Stakeholder

• Someone not party that hold property that have an interest
• Interpladeer helps same thing
• Those that have interst must agree to a point
• joinder is for all

Rule 21,42,9

• joinder can happen at any moment
• Misajoinder are grounds for dismissal bit more forgiving
• rule 42 = counterpart

Anatomy Of Lawsuit Timeline

• Motion to Dismiss
• Complaint Answer Judgement On Pleadings Disclosure & discovery Pleading Sumary Judgement Jury Selection Trail Proof New trail Motion Motion reviewed Judgement on Pleadings

Answers to Practice Questions

• Question 1: c. Dora's motion is denied because Pam stated with particularity the circumstances that constituted fraud.
• Question 2: a. Dora's motion is granted because Pam's allegations of fraud and mistake are not plausible when read together.
• Question 3: b. Yes, because Portia has failed to state a claim on which relief can be granted.
• Question 4: d. No, because Dawn is permitted to allege contributory negligence as an affirmative defense in an answer.
• Question 5: c.
• Question 6:
• Question 7: a. Dave can join the claim for breach of contract to his other claim against Thomas if it stems from the same transaction or occurrence as the third-party claim.

This lesson covers the essentials of pleadings, focusing on the complaint in civil actions. It details the function, form, and required contents of a complaint, including jurisdiction, claim statements, and relief demands. The lesson also references relevant rules such as Rules 3, 10, 7(a) and 8(a).