File Complaint (R. 11) Parties Allegations delta(a) short and plain statement of jurisdiction" 8(a) demand for relief sought" 8(a) "snort and plain statement claim to relief Send Notice to D P must send notice / in 90 days of filling complaint [4(m)] Dmay waive formal serivce and get extra time to answer [4(d)] What Serve complaint and summons [4(c)(1)] How. "Reasonably calculated to appraise parties" Mullane Who: Any 18 + y!0 non-party |4(c)(2)| Legally Sufficient B(a) * (2) legally recognized Factually Sufficient 8(a)(2) D put on notice what is (1) ignores conclusions, only looks factual allegations, (2) Plausable not just possible. (3) Judge uses own experience and common sense to determine plausability (Twombly and Iqbal) Heightened Requirements for fraud, mistake, special damages must be stated w/ particular detail [9(b) and (g)] Answer (Pleading) (21 days) 8(b) must respond (admit, deny, IDK) [failure to deny constitutes and admission & damages) 8(c) Affirmative defenses (if not pleaded, they are waived) State any Conterclaims or Crossclaims Assert any leftover/ unestablished 12(b) motions Business: 4(n) 4(h)(1)(A): st methods where service is made or action is pending 4(h): to officer/managing agnent Individual: 4(0) 4(e)(1) st. methods where service is made/ action is pending ( (11) D's him 4( ) (2) (III) igl gnt Pre-Answer Motion (NOT Pleading) Problems for Continuation 12(b)(4) summons adequacy 12(b)(7) req party not joined 12(b)(5) summons serving 12(h) Disfavored defenses [2,3,4,5] must be in 1st resonse (or waived) Problems for Dismissal 12(b)(1) lack of SMJ (nvr wwd) 12(b)(2) lack of PJ 12(b)(3) improper venue 12(b)(6) no claim for to relief Amendments Do Nothing 15(a) Phas right to amend ONCE w/in 21 days after response D has right to amend ONCE wlin 21 days after answering After 21 days passes, parties must get "leave to amend 15(b) Variance; evidence at trial does not match pleadings. Parties may amend complain/answer at this time or ignore and continue 15(c) Relation Back May add party! claim from same transaction/occurance w/in limitations if party knew (or should have) it would be D but for mistake Supp. Pleadings (adding on after case was filed NOT amendment) 1. When the plaintiff informs the court that the summons have been sent byfiling a return of servicewith the court clerk-typically an affidavit 2. Do not receive a response for 21 days from the defendant, files with the court clerk to enter into default- the defendant will then receive notice that they are going to settle in default (entry of default- just a notice) 3. If still no response, the court/ judge will enter into a default judgement (ajudgement of default- actual judgement) 4. The clerk (without a judge) may enter into a default judgement whenthe damages are liquidated(sum certain)