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WHERE WE ARE

WHERE WE ARE. Pleadings. Complaint. Answer 12(b) Motions. Amended Pleadings. Reply. Pre-Trial. Trial & Post-Trial. Appeal. PLEADING Amendments. Amended Pleadings. FR 15(a) When & How. FR 15 (b) Conform to Evidence. FR 15(c) Relation back.

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WHERE WE ARE

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

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

  3. READING RULESMAP-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 RULESMAP-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 RULESMAP-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 RULESMAP-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 RULESMAP-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 RULESMAP-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 PLEADINGSPrejudice • Beeck v. Aquaslide, p. 470 • How might plaintiff be prejudiced? • What led trial court to say plaintiff would not be prejudiced?

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

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

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

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

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