Rule 8(a)

"short and plain statement.."

1. frounds for court's jurisdiction
2. statement of the claim
3. demand for relief sough

Defenses

1. short and plain terms of defenses to each claim
2. admit or deny the allegations

Sanctions

1. By Motion after 21 day notice (Safe HarborProvision)
2. Court's own intiative

Defenses (2-5 waivable)

1. Lack of SMJ
2. Lack of PJ
3. Improper Venue
4. Insufficient Process
5. Insufficient service of process
6. failure to state a claim upon which relief can be granted
7. failure to join a prty under Rule 19

“move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response”

Motion to Dismiss for Failure to State a Claim

1.      Tests the sufficiency of a complain

2.      Allegations must be accepted as true

3.      Will only consider allegation made within the four corners (no outside evidence)

 “may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter”

Rule 12 (g)

The Waiver Trap

1.      Mandates joinder of all available defenses and objections in one omnibus pre-answer motion and imposes waiver as a penalty for leaving certain defenses out

2.      Omitting any of these defenses from the pre-answer motion not only prevents a party from raising it again by another pre-answer motion, but also from raising the Rule 12(b)(2)-(5) defenses again by any means

21 days to leave or amend offending action

Rule 11(c)(2)

Amendment before trial should be freely given when justice requires

1. Without Leave (once, within 21 days)
2. With Leave of the Court (factors test)

Related back when the Statute of Limitation allows

   The party to be brought in knew or should have known within period underà rule 4M within the period of 120 days

Permissive Claim Joinder

Party can join all claims even if unrelated

Joinder of Parties

Permissive to join parties if:

1. Same CTO and,
2. question of law or fact common to the joined parties

Rule 13(a)(1)

Counterclaim is compulsory if it arises out of the same CTO

Defendent - "Use it or Lose it"

Rule 14 Motion Factors

(Impleader)

Erkins Case

1. Timliness of Motion
2. Complication of issues at trial
3. Probability of delay in trial
4. whether P may be prejudiced by adding party

Same (conduct), transaction, or occurance

Court interpretted broadly

Factors to Amend with Leave of Court

Rule 15(a)(2)

Freely given when justice requires

1. Stage of litigation
2. Reason for the Amendment
3. Viability of claim
4. Reason for not including in original pleading
5. Whether there is prejudice

Beek v. Aquaslide

Factors for Amendment before trial

1. Undue delay
2. Bad faith
3. repeated failure to cure the defiencies by amendments already allowed
4. Undue Prejudice to opposing party
5. Futility of the Amendment