Civil Procedure II

Pleadings (part 2) - Rule 8(b), 8(c), 11,

15(a)
Professor Reichi Lee
Spring 2020
This Week’s Objectives: 1/28, 1/30

● Assignments
○ Outline through Rule 11
○ Rule 11 hypo
● Finish Rule 11
● Glannon Ch. 19 exercises; begin reading Glannon Ch. 20
● Review some Quiz Builder MCQs
● CLASS CANCELED ON TUES 2/4
Responding to Complaint by Answer

Answers contain:

● Admissions to allegations
● Denials of allegations
● Lack of sufficient information to admit or deny (effect of a denial)
● Affirmative defenses
● Counterclaims against P or cross-claims against another defendant (if any)

See:
Rule 8(b)(1)
Rule 8(c) - examples of affirmative defenses (not an exhaustive list).

See judicial form for example:

https://www.uscourts.gov/sites/default/files/the_defendants_answer_to_the_complaint.pdf
Rule 11: Representations to the Court
Through his or her signature, the attorney
is certifying that to the best of the
attorney’s knowledge, information, and
belief, formed after an inquiry reasonable
under the circumstances, the document is:
1. Not being filed for an improper
purpose, i.e. to harass or cause
undue delay;
2. Claims and defenses are supported
by existing law or a nonfrivolous
argument for the extension of law
or establishing new law; and
3. Factual contentions or denials have
evidentiary support or likely will
have evidentiary support after
discovery.
21-day safe harbor provision
Serve the motion for sanctions on opposing counsel first, wait
21 days, then file with the court.
“Reasonable inquiry under
the circumstances”?
“Good faith arguments for
changes in the law”?
Rule 11 Hypo
This Week’s Objectives: 2/4 (canceled), 2/6

● Assignments
○ Outline through Rule 11 - due TODAY 2/6
○ Rule 11 hypo - due Thurs 2/13
● Themis MCQs Review
● Finish Rule 11
● Start Rule 15
“Proper purpose”?
Amending the Pleadings: Rule 15(a)(1)(A) & (B)

Rule 15 governs when a party can amend its pleadings.

Before trial:

1) A party may amend its pleading once “as a matter of course” w/in 21 days after
serving it, or

2) If the pleading is one to which a responsive pleading is required, 21 days after

service of a responsive pleading or 21 days after service of a motion under
Rule 12(b), (e) or (f), whichever is earlier.

See Rule 15(a)(1)(A) & (B)

Amending the Pleadings: Rule 15(a)(1)(A) & (B),
Rule 15(a)(3)
EXAMPLE 1 (ANSWER TO ORIGINAL
COMPLAINT WOULD HAVE
BEEN DUE)

Answers are due within 21

days after being served w/
COMPLAINT FILED summons & complaint. Rule
12(a)(1)(A)
Jan 15 Jan 29

Jan 1 Jan 22
1ST AMENDED COMPLAINT ANSWER TO 1ST AMENDED
FILED COMPLAINT DUE

Rule 15(a)(1)(A) Rule 15(a)(3)

Amending the Pleadings: Rule 15(a)(1)(A) & (B),
Rule 15(a)(3)
EXAMPLE 2

FIRST AMENDED COMPLAINT

FILED
COMPLAINT FILED
Rule 15(a)(1)(B)
Jan 20 Feb 23

Jan 1 Feb 9
ANSWER FILED ANSWER TO 1ST AMENDED
COMPLAINT DUE
Rule 12(a)(1)(A)
Rule 15(a)(3)
This Week’s Objectives: 2/11 (canceled), 2/13

● Assignments
○ Rule 11 hypo due Thurs 2/13
○ Rule 15 hypo due Thurs 2/20
● Finish Rule 15
● Rule 15 exercises
● Begin joinder
 3 units: 3-4 weeks
GGU May 25 to June 5 in Paris
SUMMER (before internships /
other summer plans)
PROGRAM
IN PARIS
2020

parisprogram@ggu.edu
www.ggu.edu/parisprogram
Amending the Pleadings: Rule 15(a)(2)

In all other cases, a party may amend its pleading only:

1) With the opposing party’s written consent, or

2) The court’s leave.

a) Leave to amend should be freely given, as long as there is no bad faith,

prejudice, or undue delay.

See Rule 15(a)(2)

Amending the Pleadings: Relation Back
Doctrine Rule 15(c)
Rule 15(c) -- relation back doctrine -- is used when a party wants to amend a pleading
but the applicable statute of limitations has run.

1) If the amendment is to add a new claim or defense, it may be allowed if the claim or
defense arose out of the same transaction or occurrence as the original pleading.

2) If the amendment is to add a new party, it may be allowed if:

a) Amendment arises out of the same T/O as the original pleading;

b) D being added must have received notice of the lawsuit w/in the period of time
had he been sued initially (90 days from when the complaint is filed); and

c) D being added knew or should have known that, but for a mistake about the
identity of the proper party, the action would have been brought against it.
Amending the Pleadings: Relation Back (cont.)

Mistake = error concerning the identity of the proper defendant + the proper party is
chargeable w/ knowledge of the mistake.

Mistake ≠ lack of knowledge

Rule 15 Tips

Scenario 1: Is this a w/in 21 days scenario? If yes, go to Rule 15(a)(1).

Scenario 2: Is it past 21 days but party wants to amend their pleading that is
NOT about adding a new claim or a party to a new claim where the S/L has
passed? If yes, go to Rule 15(a)(2) - leave of court factors.

Scenario 3: Is this where one party wants to add a new claim or a new party to
a claim where the S/L has passed? If yes, go to Rule 15(c) - relation back
doctrine.