Pleadings

Question: Can someone please explain a motion for judgement on the pleadings? I'm taking online classes to become a paralegal and I need help understanding a motion for judgment on the pleadings. I have tried to get help from my teacher without any luck. Please explain the motion in easy to understand terms or give me an example. Thanks, Heather

Answer: Are you in California? If so, a motion for judgment on the pleadings is similar to a demurrer - EXCEPT the defendant has filed an answer to the complaint. A motion for judgment on the pleadings can be made if the complaint fails to state facts sufficient to constitute a cause of action - i.e. the statute of limitations has passed, or in the case of a government entity defendant, plaintiff has failed to plead the statute upon which liability is based, has failed to state that he has complied with the claims presentation requirements, etc. A motion for judgment on the pleadings serves the function of a demurrer, challenging only defects on the face of the complaint. So, the defects have to be evident within the complaint and no outside evidence - other than what can be judicially noticed - can be presented. The facts alleged within the complaint are deemed to be true for the purposes of the motion for judgment on the pleadings. Hope this helps! If you need a sample motion for judgment on the pleadings, please let me know and I think I can dig one up (or at least point you to the proper link). I think it's the same thing in most other states and also in federal court (at least with a brief search that I have done on google/yahoo). If outside evidence is introduced, it is usually converted into a motion for summary judgment.

Question: Opposing a motion for judgment on the pleadings? Defendants submitted a motion for judgment on the pleadings. When debating or arguing over the facts/pleadings in a response to their motion, is it best to title it as an "Opposition to motion for judgment on the pleadings" or a "Reply to motion for judgment on the pleadings"? Which would be proper?

Answer: It's a motion...so you need to make an opposition...or a cross-motion for judgment on the pleadings... This is basically the same as a motion for summary judgment...if your complaint doesn't allege facts sufficient to prove a claim, then you'll lose...here is how the court will analyze it... They will assume that everything in your complaint is true and construe everything you allege in a light most favorable to you... If, after doing that, you still don't have a claim....a judgment will be entered in favor of the defendant. A Judgment on the Pleadings will be awarded if you simply haven't alleged enough facts to sustain your claim...

Question: What is the Proper Order of Pleadings? In Corpus Juris (1914 edition, volume 49, §266) it enumerates the logical order of pleadings. 1. To the jurisdiction of the court. 2. To the disability of the person. 3. To the count or declaration. 4. To the writ. 5. To the accusation itself in bar thereof. Each one of these presupposes, and therefore waves the right to challenge, all those preceding it. I understand the logical order of the first two, but the last three seem as if they are all referring to the merits of the case (declaration, writ, accusation…). 1) What is the distinction between the last three? 2) Where do abatements fit in? I would think they should be number one. 3) What order should jurisdictional challenges (in personam, geographic, & subject-matter) be in?

Answer: Proper order depends on the rulse of the relevant court and jurisdiction. Jurisdictional challenges can be made in any order, but subject-matter jurisdiction are generally the easiest to prove and the most determinative of whether any further analysis is necessary. The count or declaration is the cause of action, and possibly the allegation of facts supporting that cause of action. The writ refers to the remedy sought for that cause of action. I don't know #5, by an educated guess would be the surrounding facts, which would be used to defeat any potential affirmative defenses. Abatements could refer to one of two things, cessation of unwanted activity (abatement of a tresspass or nuisance), or reduction in the amount of an prior award. But as currently used, the term has nothing to do with most modern pleadings. The reference you are using is very old, and not the way most courts that I am familiar with (US) still handle pleadings. But this may come from some other country, in which case the above is just an educated guess.

Question: What documents exactly can be considered pleadings in a legal suit?

Answer: A document in particular form and format: typed, signed, dated, with the name of the court, title and number of the case, name, address and telephone number of the attorney or person acting for himself/herself (in pro per) included

Question: The Federal Judge and the Obama administration in their pleadings and the courts rulings acknowledge that? The state of Arizona and other states have so many people in them that it would overburden the Government to deport all of them, Does this not tell them that something needs to be done before it gets even worse? What part of SELF DEPORT are they struggling with, the illegals were leaving before the law ever goes into effect until the ruling by the judge?

Answer: Copy Cat has issues. I find this whole thing an outrage! I'd like to have his wife and daughters deported to Arizona for awhile, expecially along the border and see if he feels the Arizona governor was so out of line to want things done there.

Question: Which software to write legal documents pleadings - motions, with examples ? I need a software. I want to write pleadings and motions, with this legal format like the number column on the left side etc. The software should also have examples like motion of appearance, interrogatory request, other motions etc. Which software can I buy? What is the name of it and where can I get it?

Answer: Attorneys use two products: Word and Word Perfect. Both are available anywhere. The "software" you are talking about does not exist. You can get a CD with a bunch of crappy legal forms on it lots of places though. But it is not software, and I do not recommend it. Lawyers go to law school for a reason.

Question: Can state law and case law be cited in federal civil rights pleadings? Also, do you need to cite either a statute or a case with each claim you make in a pleading (i.e., statute regarding the court's jurisdiction, case law about including additional defendants)? Thank you.

Answer: Its a difficult question coz if its criminal or taxation, the law is the same all over the country. All that differs is the mandatory punishment for a breach of. Building and municipality laws involving zoning and stuff are governed by state law so there may be differences. You'll need to consult a lawyer or come back with more details

Question: california case law for exparte motion for injuctions and sample pleadings of such? I need a sample pleading of an exparte motion for temporary restraining order/preliminary injunction in a real estate matter---special assessment filing--to stop it. I also need case law to support the motion.

Answer: Your local law library for the case law publications and perhaps sample pleadings as well. Actual pleadings would be obtained from your local court's records. Here you will probably notice that injunctions are settled at hearings with both parties present, while TROs seem to be heard ex parte. */End of Line.

Question: Where do I go to get forms for Idaho probate pleadings pro se? What is filing fee for probate? Both people named on a mortgage are deceased. No will left.Mortgage company foreclosed and is selling property in a week. We are told it must first go through probabe. We have no money for an attorney and must proceed pro se. Need all forms and instructions for filing. Where to go on internet to find this?

Answer: Try here: http://www.legalforms.name/ It's all free.

Question: What does "Motion to amend pleadings" mean? I have a court hearing and it says Motion to amend pleadings. What does that mean? Thanks! It's from the person I'm fighting against. So is he changing his motion!?

Answer: No. A motion to amend is just a request from the court to modify a pleading either by striking out an allegation or name of a party incorrectly stated or by correcting inadequate allegation or description in any other respect. If you're being invited to hear the motion it means that you are being given a chance to contest any amendments that the other party wants to introduce in a pleading that could prejudice your cause of action or defense. If the court allowed any amendments that had been introduced then the amended pleading will supersede the pleading it amends.

Question: What are the differences between discovery and pleadings?

Answer: Discovery as I know it is proof of income that divorced people have to provide in court, like bank statements, tax returns and pay stubs. Pleadings have nothing to do with Discovery.

Question: In India, can a partnership firm maintain the suit without pleadings that it is duly registered partnership ? A civil suit is filed in India, by a partership firm fior recovery of the unpaid purchase price of the goods. It is not stated where the partership firm is registered and no registration certificate has been filed. Can plaintiff now amend the suit, when it is fixed for final arguments and can he proiduce the registration certificate at that stage?

Answer: Section 69 of the Indian Partnership Act, 1932 provides for the effect of non-registration of the partnership firm.sub section (2) of the aforesaid Section provides that: (2) No suit to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the Firm. but Sub-Section 4 provides for a diversion which is as follows: This Section shall not apply- a) to a firm or to partners in firms which have no place of business in the territories to which this Act extends, or whose places of business in the said territories are situated in areas to which, by notification under Section 56, this Chapter does not apply. therefore in pleadings there has to be a specific mention of the factum of firm's registration; but; if there is such lacuna in your pleadings then also that can be plugged by moving an application under Order 6 Rule 17 of Code of Civil Procedure seeking amendment and if the opposite party can be compensated adequately in terms of cost such amendment should be allowed by the Court even at the stage of Final arguments. There are judgments of Supreme Court of India on this aspect. and documents can also be filed. documents can be filed up to the stage of Appeal also. there is specific provision in CPC for that also.

Question: What are pleadings and how are they involved in lawsuit?

Answer: The pleadings are the formal allegations by the parties to a lawsuit of their respective claims and defenses, with the intended purpose being to provide notice of what is to be expected at trial.

Question: Seeking help with my deathbed pleadings? When I'm about to kick the bucket, what should I tell Jesus to ensure that I'll be admitted to Heaven? I figure I'd better memorize it now. Thanks!

Answer: "I was going to convert earlier, but stuff kept coming up."

Question: What does it mean if you're in contempt of court and your pleadings get struck?

Answer: Basically the court proceeds as if you have not contested the other party. The impact differs whether you are a plaintiff (REALLY BAD NEWS), or a Defendant (at least you can provide witnesses at the trial).

Question: what is the purpose of capitalizing all the letters the names of the parties involved in pleadings?

Answer: Simplify indexing of cases and help to eliminate typo's

Question: Can lawyers who knowingly lie in written court pleadings, be charged with perjury?

Answer: You say, 'knowingly lie'. That's vague--if they are going on what their client tells them, they aren't knowing lying even if that information turns out to be incorrect. One would have a very had time time proving an attorney "knowingly' lied in a pleading to the Court.

Question: A JUDGES RULING TO END A LAWSUIT BASED ON A MATTER OF LAEW PLEADINGS IS CALLED WHAT?

Answer: Perhaps you're thinking of a summary judgment?

Question: Pleadings are arranged chronologically in a Pleadings file. Therefore, dates are very important. A Pleadings d? Pleadings are arranged chronologically in a Pleadings file. Therefore, dates are very important. A Pleadings document may have as many as three different dates. They are, generally, Document Date, Filed Date, & Service Date. Assign a priority to these three types of dates in order, from most important to least important./

Answer: 1. Filed Date - The date a copy was provided the the court. 2. Service Date - The date a copy was sent (or delivered to) the opposing party. 3. Document Date - The date the document was produced/created.

Question: After a trial, can the court allow a litigant to conform his pleadings to the proof?

Answer: No. When a trial is over, it is over. Even to Appeal a case to a higher Court, the litigant must prove that there was a judicial process error.