Exam 6: Defending and Testing the Lawsuit: Motions, Answers, and Other Responsive Pleadings

According to Federal Rule 6(a), if a complaint is received on Friday, June 14, what is the last date for filing the answer within a twenty-day time limit?

Argumentative denials are the most persuasive.

If a complaint is dismissed

What are the other Rule 12(b) motions? Must they be made separately?

In analyzing a complaint for a motion to dismiss for failure to state a claim on which relief can be granted, a good target for attack is the

A motion for summary judgment must be filed at least ten days before the hearing on the motion.

In your systems folder, place a page reference to or copy of the list of style and content suggestions for the answer.

Compare and contrast counterclaims and cross-claims.

Note the rules for calculating time for both the federal and your state jurisdiction [see Rule 6(a) and (e)] in your systems folder. Include the formula and the example on how to calculate the due date.

What is a notice of motion and what purpose does it serve? Do the Federal Rules permit it to be combined with the motion?

Prepare the Request to Amend Pleadings in Case IV, based on the defendant's answer and affirmative defenses presented in assignment 3 above.

Allegations in the complaint will be deemed admitted unless

What are the basic requirements of a motion in Rule 7(b)?

Review the basic facts set out in Chapter 1 for Case IV, Briar Patch Dolls, Inc. v. Teeny Tiny Manufacturing Co., a contract case. Using the method described in the Affirmative Defenses section of the text, make an initial determination of what affirmative defenses under the topic "discharge" might be available to the defendants. Make a list of these defenses and suggest some facts that might be necessary to support the defense. Because there are numerous defenses in contract law, confine yourself in this assignment to those defenses within the concept of "discharge."

What is the purpose of removal from state to federal court, and what strategic advantages may result?

A motion to strike seeks to rid a pleading of

A motion to strike seeks to rid a pleading of

What time deadlines must be heeded in motion practice? State the applicable rules.

It is best not to plead inconsistent facts where verification is required.

In responding to the complaint, the defendant may not