LAW 607 Lecture Notes - Lecture 40: Summary Judgment
1 Jun 2020
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However, if a party fails to object, he is deemed to have impliedly consented to litigation of the issues raised in the evidence. In addition, a party may expressly consent to litigation of matters outside the pleadings: if a party consents, fed. P. 15(d): amendments distinguished: supplemental pleadings set forth facts that arise after the original pleading was filed. Amended pleadings, in contrast, deal with facts that existed at the time of the original pleading: court permission: supplemental pleadings always require court permission. Page 1 of 3: once pleading is complete, fed. In a way, it is the logical counterpart to the fed. P. 12(b)(6) motion for failure to state a claim: failure to defend: fed. D"s answer denies all allegations of negligence but says nothing about the battery claim. Ethical limitations on pleadings, motions, and other arguments: fed. P. 11 sets out strict standards designed to ensure honesty and accuracy in pleadings and written motions.
