Pleadings Allowed in a Civil Case

• Rule 3 • • A civil action is commenced by filing a complaint with the court • • Leatherman v Tarrant County • • Residents sued the county for inadequate training of police officers. • They cite two incidents: One, the police officers shoot two dogs in a drug raid; Two, police officers beat up a grandpa. • District Court dismisses complaint on the basis of a heightened pleading requirement for officer immunity under Statute 1983. • Supreme Court reverses, stating that there is not a heightened pleading requirement. A short and plain statement is all that is required.

Rule 10

Rule 10 (a)

Rule 10 (b)

• Rule 8

Rule 8(a)1

Rule 8 (a)2

Rule 8(a)3

Leatherman v Tarrant County

Counter Claim: Claim against the plaintiff

Rule 10

Rule 10 (a)

Rule 10 (b)

Rule 8

Rule 8(a)1

Rule 8 (a)2

Rule 8(a)3

Cross Claim: Claim against another defendant

Rule 10

Rule 10 (a)

Rule 10 (b)

Rule 8

Rule 8(a)1

Rule 8 (a)2

Rule 8(a)3

Third Party Complaint: A complaint against another party not attached to the lawsuit.

Rule 10

Rule 10 (a)

Rule 10 (b)

Rule 8

Rule 8(a)1

Rule 8 (a)2

Rule 8(a)3

Requested in: Bower v. Weisman. Granted. Bower has 30 days to replead.Rule 12(e) Motion For More Definite Statement.If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

• Rule 12 (f) Motion To Strike. • • Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

Rule 9 (b) states that:"in all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with peculiarity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally."Requested in: Bower v. Weisman

Requested in: Bower v. Weisman.Bell Atlantic Corporation et al. v. Twombly. Granted. The Supreme Court stated that evidence of parallel activity was not enough to complain of conspiracy. Especially concerning to the court was the potential cost of discovery in an antitrust case for so broad an industry.

Rule 12 (a)Defenses and Objections--When Presented(1) Unless a different time is prescribed in a statute of the United States, a defendant shall serve an answer(A) within 20 days after being served with the summons and complaint, or(B) if service of the summons has been timely waived on request under Rule 4(d), within 60 days after the date when the request for waiver was sent, or within 90 days after that date if the defendant was addressed outside any judicial district of the United States.

Rule 6(b) Enlargement.When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(b) and (c)(2), 52(b), 59(b), (d) and (e), 60(b), and 74(a), except to the extent and under the conditions stated in them.