Pleadings and Complaints: Rule 8(a)(2)

Pleadings and Complaints

• A civil action starts when a complaint is filed.
• A complaint must contain a short, plain claim to show the pleader is entitled to relief.
• The function of a complaint, according to Rule 3, is to start a civil action and initiate litigation, as per Rules 1 and 2.
• Form is uniform, according to Rule 10:
  • Title (X v. Y)
  • File number that the court assigns to the complaint
  • Numbered paragraphs
  • Separate counts for claims and defenses
• Rule 10 on form of pleadings combines with Rule 7(a), which lists allowed pleadings in 7(a).
• Contents of a complaint follow Rule 8(a):
  • 8(a)(1): Short, plain statement of jurisdiction
  • 8(a)(2): Short, plain claim showing pleader's entitlement to relief
  • 8(a)(3): Demand for relief

Rule 8(a)(2) Pleading Standard

• The 8(a)(2) rule requires a short, plain statement of the claim to show the pleader is entitled to relief.
• Facts must be stated, including:
  • Who the parties are and how they know each other
  • How the dispute ended up in the procedural court
• Allegations should give fair notice of the claim and its grounds, which facilitates decision-making based on merit.
• A complaint is legally sufficient if its facts would entitle the plaintiff to relief.

Pleading vs. Proof

• Pleading and proof are separate
• Proof is need during trial, pleading is needed to get to trial
• Stricter pleading standards could conflict with Federal Rules, potentially affecting specificity requirements in claims (Compare 8(a)(2) to Rule 9(b))
• The purpose is to fairly notify and focus on the merits of the claim.
• Merit includes facts and substance of the law, matching facts to the legal right to relief.
• Cases decided on their merits based on the substance of the law.

Standards Comparison

• Rule 8(a)(2) is the general pleading standard, Rule 9(b) has higher requirements for special matters.
• Conley was the law for 50 years until the Court modified 8(a)(2) requirements in Twombly and Iqbal cases.
• Rule 9(b) asks for more particularity beyond Rule 8(a)(2).
• 8(a)(2) needs a short and plain statement.
• 9(b) requires particularity for pleading, upfront
• Needed details: who made statement, what was said, where it was written, and how you were affected by it.

Pleading Example

• Scenario 1: Taking a car from a parking lot without permission.
  • Rule 8(a)(2) applies due to the absence of fraud or mistake.
• Scenario 2: Claiming a medical emergency to get a car, then keeping it.
  • Rule 9(b) applies due to the fraudulent nature of the claim
• Rule 9(b) for fraud originates from defense when particularity was needed.
• Follow the required rule with no choice between 8(a)(2) and 9(b).

Rule 9b - Plausibility

• A new concept introduced by the court retiring language stating “no set of facts” in Conely case
• Departure from Conely increases barriers for plaintiffs to have their case heard
• As a judge under Conely: See if facts exist that support the claim, even barebone claims and err's of permitting claims
• Under Twombly judges now only look to initial claim for plausibility, omitting allegations being insufficient. Now err on the side of dismissals and fewer claims

Twiqbal Allegations

• Allegations involved discrimination, but not in specific allegations (describing each person)
• the issue was the legal sufficiency of the complaint without listing individual facts or discriminatory acts
• Courts were tasked with interpreting the short + statement of claim
• Pre-Twiqbal: No specifics needed to support general facts, complaints simply needed notice.
• As long as any facts entitled the plaintiff relief complaints were legally sufficient.
• Minimal complaints would be retrieved in pre-trial, no need to know everything up front

Twiqbal Standard

• A two step pleading standard for if facts plausibly determine if detention was purposeful
  • Step 1: Strike out conclusory statements such assertions of law etc
  • Step 2: apply plausibility analysis form Twombly which must suggest facts to a discrimination based on race or relation for it to remain consistent -Plausible = a fact must be more likely than less to show specifics
• Twombly and Iqbal complicate rule 8a2 and get it closer to standard 9b
• Dissent agrees, but states the court is looking to probability which should be later in the trial and would rather it be a check on a fantastical reality instead

Conley, Twombly, and Iqbal Comparison

• Pleading A pleader must allege enough facts to nudge a claim form conceivable to plausible and provide fair notice
• Conley - was fair with its notice (needing to put the defendant on notice + grounds relief), and was legally sufficient unless other other wise found
• Twombly - Retires this standard and wants plausibility with questions on fair notice with Plausbility needing to equal likelihood over possibility
• Iqbal now wants no notice (just plausibility- pleading), with plausibility broken down by first discarding illegal conclusions ( Conclusory), then not being plausible because court is imagining other reason.

Extra Requirements

• Rule 8(d) allows pleaders to plead inconsistent facts after they couldn't at common law leading to loss.
• Pleading allowed:
  • Statements for defense/claim.
    • Because of purpose or accident.
      • Drive into car accidently.
  • A hypotehtical claim/denfense
    • A runs into B's car - Negligence
  • Inconsistent Statements
    • No contract betwen P and D, but P would be exused if there was due to X reason

Pre-Answer Motions

• perspective if recieving a complaint as a defendant with rule 12 detailing steps
  • choice if to answer which defendants must (12a1A) serve -Second Choice: file One or Several Pre - Answer motions by Rule 12(b)

Defensive motions

• Lacks power with SJ with 12(b)(1)
• Lacks personal Juristiction with 12(b)(2) -Lacks Authority over party
• 12(b)(3) has Improper Venue
  • Worng Court
• 12(b)4 is in Insufficient process with somehting wrong with the claim
• and 12(b) 5 with unsifficent service (Undelivered)
• 12(b)6 = failure to State a claim -Very imporatnt
  • No rise to Right of relief, with 12b7 failing a join party.

What is a Motion?

• A motion is not a pleading
• Asks the court for something (Pre answer. including defnses
• Courts look at Moitons ti determite if taking all facts in the comparint as true, to see P has stated right for reief.

Motion to Dismiss

• It is a Pre-Answer motion to do something for a lack of something, with 822 pleading, with issues to the comparint.
• For instacne 12(b)(6) of the failure to make a claim -D tells Court that everyhting fails, beacause if fails to find a point of releif. with nothing to solve, - or a lack of facts to find a point of relief.

After Twomby & Iqbal is here

• with all facts that have to be plausble , following a two pt where court theos the conculsoory facts , then compare the facts
• The court only looks at what is with in in Pleading withput facts, with the d the legal suffenciencey
• The judge doesn't resolve anything and sees if it takes hem, and filie for stratgy.

Rule 8(b) Answer

• 8(b): legally sufficient answer needs:
  • respond to allegations in complaint
  • assert new allegations
• 8(b)(1):Defendant required admit/deny allegiations
• 8(b)(2) fair answer to allegations-respond, cannot deny something that is true.
• 8(b)(3+4) general, specific, allegations, cant deny if dont hav enough info.
• if come up clever way court has it admitted and stuck in case.

Answer

• D must answer: -set to defenses and allegations
• D new facts bc use it to sypport thier denfense
• d must use long and short terms
• sounds like the8(a)(2), to do what P did -Plausubikity applies? despit the difference in time. standars

What is up

• D can use Affiramitive defence
• 12C is similar to. 12(b)(6) has to go after pleadins close.

Ameinding

• P answer op, aamnd
• P, as a amter of cours can amend after an answer
• as a corse after answer or cort

Amendment and Course

• 15al mean whithout sking for 20 days.
  • oppitunties a med, and 2. if curt aks, ok 3 with permission
• if to late ask court

Rule 15

• 1(c)(1) Statues, after court consider ameind
  • C.T.O or conduct
• court candier it can consider ammend

Back Relates

• fact, casual

• Rule 15, ad fact to supprt fact

###Joinder Info

• A party in a case can join claims of defenses
• party may need to counter claim, and may x calim

Clam rules

• P + V D
• P = multiple
• Counter
• X

Partise can join whne asser to to trancation with fact ro laws

Third partys with liabity.

• 20 P, as long ther ok with join.

###P Joinder

• 20 P, P to pick
• Permision with
• TO has similarirty, conect evednity and partrs.

###20 JOin rules

• Langage is differeny with 20 with series,
• Allow series beacusue needs a party
• Question of law
• Rule 29. is queestionable
• fact roalaw need fact.

Inpeding with

• D can TPP
• With way dervies fro P TOP agains TPP,. which could
• TOP can TPT or contribuite on fact

If not liable and driveder

d tpd

• 14/18 and
• tpD on Clam if liavitl with P, an find at later . each, but1 d can brin unrelated.

Joinder

• No apty may force otheres in,

Intevion

• cirucmisatec if objct can be on case

Intervnesn

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Explanation of pleadings and complaints in civil action, including the function and contents of a complaint according to Rules 3, 10, 7(a), and 8(a). Focus on the pleading standard of Rule 8(a)(2), emphasizing the required short and plain statement of the claim to demonstrate entitlement to relief. Facts must be stated.