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WHERE WE ARE Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal Reply.

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Presentation on theme: "WHERE WE ARE Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal Reply."— Presentation transcript:

1 WHERE WE ARE Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal Reply

2 PLEADING Amendments Amended Pleadings FR 15(a) When & How FR 15(c) Relation back FR 15 (b) Conform to Evidence

3 READING RULES MAP-ing FR 15(a) A party may amend the party’s pleading once as a matter of course at any time before a responsive pleading is served or

4 READING RULES MAP-ing FR 15(a) if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served.

5 READING RULES MAP-ing FR 15(a) Otherwise a party may amend the party’s pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.

6 READING RULES MAP-ing FR 15(a) A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or

7 READING RULES MAP-ing FR 15(a) within 10 days after service of the amended pleading, whichever may be the longer, unless the court otherwise orders.

8 READING RULES MAP-ing FR 15(a) Ambiguities?

9 AMENDMENTS TO PLEADINGS Beeck v. Aquaslide, p. 470 What is plaintiff’s strongest argument against amendment? Why?

10 AMENDMENTS TO PLEADINGS Prejudice Beeck v. Aquaslide, p. 470 How might plaintiff be prejudiced? What led trial court to say plaintiff would not be prejudiced?

11 AMENDMENTS TO PLEADINGS Prejudice Beeck v. Aquaslide, p. 470 Assume no bad faith by Beeck/Aqua-slide Why should plaintiff bear brunt of confusion?

12 SCOPE OF APPELLATE REVIEW Motion to Amend Scope of review denial of motion to amend Basis for saying D.Ct. didn’t abuse its discretion?

13 ARGUING FROM PRECEDENT Distinguishing Cases p. 476, note 3b Distinguish Zielinski?

14 TAKEAWAYS Black Letter Law (the “gist”) One free bite at the apple early on Then must get permission of court Court should give permission freely

15 PLEADING Amendments FR 15(a) When & How 1x “As of right” Written consent of Adverse party Permission of court Before Responsive Pleading W/in 20 days no responsive pldg req’d Leave Freely given or Justice so requires +

16 TAKEAWAYS Skills: Reading Rules Practice, practice, more practice Arguing from Precedent Slippery slopes & distinguishing cases

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