LAW 607 Lecture Notes - Lecture 34: Pleading, Verizon Communications, Summary Judgment
1 Jun 2020
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Federal pleading defendant"s response to the complaint: a party responds to a claim in two basic ways. The answer is the party"s required response, in which the party deals with all allegations in the claim. Pre-answer motions: defendant may raise certain procedural issues by motion. 1404, she would make the request by motion, which might occur either before or after the answer: motion as alternative to answer: in addition, however, fed. Page 1 of 4: multiple defenses and objections allowed: the rule also allows defendant to include all defenses and objections in a single motion. P. 12(b) allows defendant to make certain listed defenses by motion. These motions are often referred to by their rule 12 notation; e. g. , a motion to dismiss a complaint for failure to state a claim is often called simply a rule. Rule 12(b) allows the following to be raised by motion: a. lack of subject matter jurisdiction (fed.
