FRCP 8—Jurisdiction and Venue

  • 8(a): Basic Pleading Requirements (Well Pleaded Complaint Rule)

    • (a)(1): Requires that a short statement be made regarding jurisdiction and venue.

    • (a)(2): Pleader must make a short and plain statement of the claim and the entitlement for relief.

      • short and plain: is a floor/minimum. there is a VERY high ceiling.

      • PLAIN: no victorian-era level language required by any means.

    • (a)(3): Pleader must list what relief they are seeking with specificity.

  • 8(b)

  • 8(c): Affirmative Defenses

    • Lists some affirmative defenses, but the list is not exhaustive. ∆s can plead statutory defenses that are not included here, but 8(c) gives a good list to choose from at the outset.

  • 8(d):

    • (d)(2)–(3): You can plead multiple claim theories or affirmative/statutory defenses at once—this is called pleading in the alternative.

      • These claims/theories don't have to be consistent—just only one has to be at least plausible.

      • Pleading is the broad range of options taht discovery and trial whittles down drastically.

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