Civil ProcedureMaranville
February 2004
Ann ReynoldsYvonne Skanars Case
Answer Drafting Assignment
Answers
In order to draft an answer that complies with the federal rules (or rules modeled after them), a lawyer needs to understand what the rules require on two key points:
1)How specific must the answer be in admitting or denying the allegations of plaintiff’s complaint under FR 8(b)?
2)What types of responses constitute an affirmative defense under FR 8(c)?
This assignment will give you an opportunity to apply the rules on these two points.
The Assignment: Overview
For our second simulation exercise you will be working in groups to prepare an answer on behalf of Ann ReynoldsYvonne Skanars. The due date/time for the answer is Monday, December 9 at 1:30 p.m. December 6 at 5 p.m.[INSERT DUE DATE] You will file the answer by sending it as an attachment to an E-Post message to the appropriate Clerk’s Office link on the Yvonne Skanars Simulation page on the Website, You will serve the answer by sending it as an attachment to an E-Post message to the appropriate Group on the Law Offices link on the Yvonne Skanars page on the website.
By that time you must file and serve the answer. If Virtual Case is available you will do so in accordance with instruction posted on the website. Otherwise, file you answer with the Clerk’s Office [podium in room ------] (the podium in Room 118) at the beginning of class and serve a copy either in person or via e-mail on your “opposing counsel” as previously assigned.
Accompanying the copy of the answer that you file with the Clerk’s Office should be an explanation of your reasons for making the major decisions required for drafting the answer. Your explanation may be structured as an annotated copy of the answer, footnoting each section of the answer, or as a short paper, under one page.
Please comply with the following convention in naming the documents that you file with the clerk’s office:
Group [Insert your group #] [Insert title of document]
The Facts and the Law
In order to draft an answer, you must have a basic grasp of the facts surrounding the dispute, as well as an understanding of the governing law, especially the law that might create an affirmative defense to plaintiff’s claim.
The Facts from Creative Tattoos Perspective
You will learn the facts of the case from the perspective of the owner of Creative Tattoos by means of a summary of the initital interview of JohnnyWilson. You should not need any additional information in order to comply with the requirements of Rule 11. If you think I’ve overlooked something, please let me know.
The Law: Not a Research Project
As to the law, this exercise is again a “closed universe” problem. Assume that you have researched the law and found all the materials that were provided to you for the complaint drafting exercise.
Goals
Understanding the Answer
This assignment is designed to give you an opportunity to put into practice the concepts we have discussed in class: admitting and denying allegations in accordance with the requirements of Rules 8(b) and 11, and identifying any issues that must be raised as an affirmative defense.
Format
Once again I am asking you to comply with the detailed pleading requirements applicable in the jurisdiction in which you choose to file your answer. But again, I don’t want you to get bogged down in time-consuming research. So I’ve provided a template for your answer, and references to additional resources and the relevant rules
Note that lawyers use a variety of formats for admitting and denying the allegations of plaintiff’s complaint. Here are four acceptable approaches:
1)Use numbered paragraphs corresponding to the paragraphs in the complaint and indicate your response to each: “Admit”, “Deny” or “Lack information sufficient to form a belief as to the truth of this averment”.
2)On the If you have an electronic version of plaintiff’s complaint, type in “Admit”, “Deny” ” or “Lack information sufficient to form a belief as to the truth of this averment” underneath each paragraph of the complaint. This takes a bit of effort and formatting so that it doesn’t look strange, but it has a distinct advantage for both sides: the lawyer doesn’t have compare the complaint and the answer in order to figure out what allegations are contested.
3)State paragraph by paragraph: “1) Defendant admits the allegations of paragraph 1. of Plaintiff’s complaint” and so on.
4)Group your responses by category: 1) Defendant admits the allegations of paragraphs 1, 2 and 3. 2) Defendant denies the allegations of paragraphs 4, 5, and 6. 3) Defendant lacks information sufficient to form a belief as to the truth of the averments in paragraph 7.
Think about which of these is most most efficient, both at the time that you draft the answer, and as you use the pleadings during the course of the lawsuitd down the road.
Resources: Required
Formatted Pleading Paper
On the website you will find formatted pleading paper for the two courts in which you may choose to file your answer. Download the pleading paper, so you do not waste time formatting your answer.
Sample answers
1)Appendix of Forms, Forms 21 (Defense) and 23 (Intervener’s Answer), 20043 Rules Supplement
2)Peters v. Dodge, Yeazell, p. 21-227-28
3)In addition, just for your information, I have placed on reserve in the library Lewis A. Grossman and Robert G. Vaughn, A Documentary Companion to A Civil Action, and Nan D. Hunter, The Power of Procedure: The Litigation of Jones v. Clinton two books that contain the pleadings for the Woburn litigation described in A Civil Action, and Paula Jones’s action against President Clinton.
Resources: Additional Background
Form Books
This memo and the “required” resources listed above provide enough guidance for you to draft your answer. If you would like to see additional samples of forms, see:
9 Washington Practice: Civil Procedure Forms and Commentary (Breskin), For answers, look at sample forms under the discussion of Rule 8(b), available in the library and on Westlaw: 9 WAPRAC § 8.61 through 64
GradingFeedback Criteria
Your answers will be worth ou will receive 2 points towards your final grade. for turning in a answer and analysis that demonstrates a serious effort to grapple with the issues involved in drafting a answer. (I do not expect to give less than two points to any group, though of course I reserve the right to do so in the unlikely event that a group’s answer demonstrates that they did not take the assignment seriously.Points will be distributed as follows:)
I will provide feedback on a + √- basis the following three aspects of the answer:
1. Admissions and denials 1 point
In your analysis you should explain why you chose the format you used for your answer and why you chose to admist or deny each allegation. The answer should fFairly admits and deny ies plaintiff’s allegations, in accordance with the requirements of Rule 8(b).
2. Raises any appropriate Aaffirmative defenses 1 point
In your analysis you should show that you understand what matters may/must be raised as affirmative defenses under rule 8(c) and why you chose to raise or not raise potential affirmative defenses in your answer. The answer should include affirmative defenses, as appropriate accordance with rule 8(c).
Opposing Counsel
For this exercise, answer the complaint filed by your opposing counsel as indicated below. Serve opposing counsel and file answer with the clerk’s office.
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Civil ProcedureMaranville
February 2004
Groups
Group 1 v.
Katy Carosino
Peggy Li
Mark Rogel
Shan Sivalingham
Group 2v.
Jonathan Claypool
Chrissy Djordjevich
Ioana Miron
Ian Menscher
Group 3 v.
Kim Borowicz
Travis Exstrom
James Lynch
Lori Walls
Group 4v.
Scott Fitzgerald
Robert Hendricks
Andrea Morelli
Goshia Spangenberg
Group 5
Sarah Hale
Maya Mendoza
Rena Shin
Ben Stafford
Group 6
Drew Atkins
Rory Camp
Melissa Zhang
Group 7
Shelly Lambert
Catherine Borden
Ling Dai
Ben Kostrzewa
Group 8
Dan Heu-Weller
Katie Porter
Natasha Singh
Group 1v. Group 2
KarlaAnthony
ShaohuiAlyssa
AndyBobbie
JessicaBrandon
Group 3 v. Group 4
GregCorey
DemetriDaniel
MariBob
AmandaKristin
Group 5v. Group 6
NikolaiTristia
ChrisAdam
RhiannonWilson
KarenWill
Group 7v. Group 8
AliErin
SusannahEmma
BokyoungEvi
AnnieKathryn
[INSERT GROUPS HERE]
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