Transcript CIVIL PROCEDURE SECTION F

CIVIL PROCEDURE
SECTION F
Class 11
Pre-Answer Motions to Dismiss
Monday, September 22 2003
Slides Prepared By Candlelight
During Hurricane Isabel
ANNOUNCEMENTS
 Please add, to reading assignment for Class
12 (Wednesday Sept. 24) – Rule 5 and Rule
12(a).
 Handout: Complaint. Please skim and think
about how you would prepare an answer to
this Complaint. We will do that for
Wednesday’s class.
Thinking Ahead to the Final Exam
 Possible range of questions: problem
questions, multiple choice, short answer
 Best way to prepare: write out Glannon
questions, make up your own hypotheticals
 Remember to cite the relevant RULE for
each ISSUE, ANALYZE by explaining fully
how the rule applies to the facts, and then
come to some CONCLUSION on each issue
that is raised by the question.
PRACTICE EXERCISE 7
 Analyzing the Rule 12(b)(6) and 12(e)
motions in Carpenter v. Dee (see CB p.
227).
 Motions begin at CB 1044
PRELIMINARY MOTIONS




Rule 12(b) motions (7 of these)
Motion for judgment on the pleadings
Motion for a more definite statement
Motion to strike
PRELIMINARY MOTIONS
 Rule 12(b) motions (12(b)(1), 12(b)(2),
12(b)(3), 12(b)(4), 12(b)(5), 12(b)(6),
12(b)(7)
 Motion for judgment on the pleadings
12(c)
 Motion for a more definite statement
12(e)
 Motion to strike 12(f)
PURPOSE AND TIMING OF 12(b)
MOTIONS
 Purpose
 Optional pre-answer or can be included
as defenses in Answer
 Some are waivable if not in D’s initial
response to the complaint (whether a
motion or an Answer)
 12(d) preliminary hearings
HYPO 1: Piglet v. Pooh