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RULE 8

Manner of Making Allegations in Pleadings

Section 1. In general. — Every pleading shall contain in a methodical and logical form, a plain,
concise and direct statement of the ultimate facts on which the party pleading relies for his claim or
defense, as the case may be, omitting the statement of mere evidentiary facts. (1)

If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him shall
be clearly and concisely stated. (n)

Section 2. Alternative causes of action or defenses. — A party may set forth two or more
statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense
or in separate causes of action or defenses. When two or more statements are made in the alternative
and one of them if made independently would be sufficient, the pleading is not made insufficient by the
insufficiency of one or more of the alternative statements. (2)

Section 3. Conditions precedent. — In any pleading a general averment of the performance or


occurrence of all conditions precedent shall be sufficient. (3)

Section 4. Capacity. — Facts showing the capacity of a party to sue or be sued or the authority of a
party to sue or be sued in a representative capacity or the legal existence of an organized association of
person that is made a party, must be averred. A party desiring to raise an issue as to the legal existence
of any party or the capacity of any party to sue or be sued in a representative capacity, shall do so by
specific denial, which shall include such supporting particulars as are peculiarly within the pleader's
knowledge. (4)

Section 5. Fraud, mistake, condition of the mind. — In all averments of fraud or mistake the
circumstances constituting fraud or mistake must be stated with particularity. Malice, intent,
knowledge, or other condition of the mind of a person may be averred generally.(5a)

Section 6. Judgment. — In pleading a judgment or decision of a domestic or foreign court, judicial


or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without
setting forth matter showing jurisdiction to render it. (6)

Section 7. Action or defense based on document. — Whenever an action or defense is based upon
a written instrument or document, the substance of such instrument or document shall be set forth in
the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit, which
shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the
pleading. (7)

Section 8. How to contest such documents. — When an action or defense is founded upon a
written instrument, copied in or attached to the corresponding pleading as provided in the preceding
section, the genuineness and due execution of the instrument shall be deemed admitted unless the
adverse party, under oath specifically denies them, and sets forth what he claims to be the facts, but the
requirement of an oath does not apply when the adverse party does not appear to be a party to the
instrument or when compliance with an order for an inspection of the original instrument is refused.
(8a)

Section 9. Official document or act. — In pleading an official document or official act, it is sufficient
to aver that the document was issued or the act done in compliance with law. (9)

Section 10. Specific denial. — A defendant must specify each material allegation of fact the truth of
which he does not admit and, whenever practicable, shall set forth the substance of the matters upon
which he relies to support his denial. Where a defendant desires to deny only a part of an averment, he
shall specify so much of it as is true and material and shall deny only the remainder. Where a defendant
is without knowledge or information sufficient to form a belief as to the truth of a material averment
made to the complaint, he shall so state, and this shall have the effect of a denial. (10a)

Section 11. Allegations not specifically denied deemed admitted. — Material averment in the
complaint, other than those as to the amount of unliquidated damages, shall be deemed admitted when
not specifically denied. Allegations of usury in a complaint to recover usurious interest are deemed
admitted if not denied under oath. (1a, R9)

Section 12. Striking out of pleading or matter contained therein. — Upon motion made by a party
before responding to a pleading or, if no responsive pleading is permitted by these Rules, upon motion
made by a party within twenty (20) days after the service of the pleading upon him, or upon the court's
own initiative at any time, the court may order any pleading to be stricken out or that any sham or false,
redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom. (5, R9)

RULE 9

Effect of Failure to Plead

Section 1. Defenses and objections not pleaded. — Defenses and objections not pleaded either in
a motion to dismiss or in the answer are deemed waived. However, when it appears from the pleadings
or the evidence on record that the court has no jurisdiction over the subject matter, that there is
another action pending between the same parties for the same cause, or that the action is barred by a
prior judgment or by statute of limitations, the court shall dismiss the claim. (2a)

Section 2. Compulsory counterclaim, or cross-claim, not set up barred. — A compulsory


counterclaim, or a cross-claim, not set up shall be barred. (4a)

Section 3. Default; declaration of. — If the defending party fails to answer within the time allowed
therefor, the court shall, upon motion of the claiming party with notice to the defending party, and
proof of such failure, declare the defending party in default. Thereupon, the court shall proceed to
render judgment granting the claimant such relief as his pleading may warrant, unless the court in its
discretion requires the claimant to submit evidence. Such reception of evidence may be delegated to
the clerk of court. (1a, R18)
(a) Effect of order of default. — A party in default shall be entitled to notice of subsequent
proceedings but not to take part in the trial. (2a, R18)

(b) Relief from order of default. — A party declared in default may at any time after notice thereof
and before judgment file a motion under oath to set aside the order of default upon proper showing
that his failure to answer was due to fraud, accident, mistake or excusable negligence and that he has a
meritorious defense. In such case, the order of default may be set aside on such terms and conditions as
the judge may impose in the interest of justice. (3a, R18)

(c) Effect of partial default. — When a pleading asserting a claim states a common cause of action
against several defending parties, some of whom answer and the others fail to do so, the court shall try
the case against all upon the answers thus filed and render judgment upon the evidence presented. (4a,
R18).

(d) Extent of relief to be awarded. — A judgment rendered against a party in default shall not
exceed the amount or be different in kind from that prayed for nor award unliquidated damages. (5a,
R18).

(e) Where no defaults allowed. — If the defending party in an action for annulment or declaration
of nullity of marriage or for legal separation fails to answer, the court shall order the prosecuting
attorney to investigate whether or not a collusion between the parties exists, and if there is no collusion,
to intervene for the State in order to see to it that the evidence submitted is not fabricated. (6a, R18)

RULE 10

Amended and Supplemental Pleadings

Section 1. Amendments in general. — Pleadings may be amended by adding or striking out an


allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or
inadequate allegation or description in any other respect, so that the actual merits of the controversy
may speedily be determined, without regard to technicalities, and in the most expeditious and
inexpensive manner. (1)

Section 2. Amendments as a matter of right. — A party may amend his pleading once as a matter
of right at any time before a responsive pleading is served or, in the case of a reply, at any time within
ten (10) days after it is served. (2a)

Section 3. Amendments by leave of court. — Except as provided in the next preceding section,
substantial amendments may be made only upon leave of court. But such leave may be refused if it
appears to the court that the motion was made with intent to delay. Orders of the court upon the
matters provided in this section shall be made upon motion filed in court, and after notice to the
adverse party, and an opportunity to be heard. (3a)
Section 4. Formal amendments. — A defect in the designation of the parties and other clearly
clerical or typographical errors may be summarily corrected by the court at any stage of the action, at its
initiative or on motion, provided no prejudice is caused thereby to the adverse party. (4a)

Section 5. Amendment to conform to or authorize presentation of evidence. — When issues not


raised by the pleadings are tried with the express or implied consent of the parties they shall be treated
in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be
necessary to cause them to conform to the evidence and to raise these issues may be made upon
motion of any party at any time, even after judgment; but failure to amend does not effect the result of
the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the
issues made by the pleadings, the court may allow the pleadings to be amended and shall do so with
liberality if the presentation of the merits of the action and the ends of substantial justice will be
subserved thereby. The court may grant a continuance to enable the amendment to be made. (5a)

Section 6. Supplemental pleadings. — Upon motion of a party the court may, upon reasonable
notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth
transactions, occurrences or events which have happened since the date of the pleading sought to be
supplemented. The adverse party may plead thereto within ten (10) days from notice of the order
admitting the supplemental pleading. (6a)

Section 7. Filing of amended pleadings. — When any pleading is amended, a new copy of the
entire pleading, incorporating the amendments, which shall be indicated by appropriate marks, shall be
filed. (7a)

Section 8. Effect of amended pleadings. — An amended pleading supersedes the pleading that it
amends. However, admissions in superseded pleadings may be received in evidence against the pleader,
and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed
waived. n)

Kinds of pleading

Whether we're talking about a divorce or a car accident case, most civil lawsuits adhere to the same
timeline and structure, with various pleadings (document filings) and motions (requests made to a
judge) occurring at somewhat predictable points along the way. So let's get familiar with some of the
most common pleadings and motions in a civil case.

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The court's procedural rules tell you what needs to be included in a pleading, how it should look, where
it should be filed, whether there are any filing fees, and so on.

What are Pleadings?

Pleadings are formal written documents that are filed with the court as part of a civil lawsuit. Pleadings
become part of the case file, and which means they are a public record unless ordered sealed by the
court.

The court's procedural rules tell you what needs to be included in a pleading, how it should look, where
it should be filed, whether there are any filing fees, and so on. Usually, no matter the jurisdiction, a
pleading must contain the name of the court, the title of the lawsuit (known as the "caption") and the
docket number, if one has been assigned.

Let's take a closer look at some of the most common pleadings that will be filed by the various parties in
a civil lawsuit.

Complaint

A lawsuit begins when a plaintiff (the party suing) files a complaint against a defendant (the party being
sued.) The complaint (sometimes called a "petition") is a written statement of the plaintiff's case, usually
broken up into separate claims (called "causes of action"). The plaintiff states his or her version of the
facts -- what the defendant allegedly did or failed to do -- and asks the court to order some kind of relief
(money damages as compensation for any loss, for example).
In some kinds of civil cases, the complaint may be filed on a pre-printed form, so that the plaintiff checks
boxes and adds a few details here and there.

For more information on what a complaint looks like (in the context of a personal injury lawsuit), see
What is Included in a Personal Injury Complaint?

Answer

The answer is the defendant's written response to the plaintiff's complaint. In the answer, the
defendant responds (usually very briefly) to the facts and allegations contained in the complaint. The
defendant also pleads any affirmative defense (anything that would excuse the defendant's liability or
bar the plaintiff's suit).

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For example, if the plaintiff failed to comply with the lawsuit filing deadline (set by a law called a
"statute of limitations") and tried to file the complaint after the deadline had already passed, the
defendant would raise this point in his or her answer, and ask the court to dismiss the lawsuit.

Counterclaim

If the defendant asserts his or her own harm as part of the same incident or transaction that gave rise to
the lawsuit, the defendant can file a counterclaim against the plaintiff. For example, if the plaintiff sues
you for damages resulting from a car accident, but you believe the plaintiff actually caused the accident
(and that the plaintiff is therefore responsible for your resulting injuries) you would file a counterclaim
against the plaintiff.

Cross-claim

A cross-claim is made by one co-party against another, meaning that a party on one side of the lawsuit
makes a claim against a party on the same side. So here, a plaintiff sues another plaintiff within the
larger case, or one defendant sues another.

Amended Pleadings

The court can give either party permission to file an amended pleading, which simply changes or
expands on information provided in the original version of the document (an amended complaint might
contain allegations not included in the original, and an amended answer might include affirmative
defense not previously raised, for example).
Pre-Trial Motions

A motion is a procedural tool in which one party asks the judge to make a ruling or order on a legal
issue. Evidentiary motions set the rules for trial in terms of what can or cannot be considered by the
jury. Motions to dismiss and motions for summary judgment are two more common pre-trial motions. In
a motion to dismiss, the defendant asks the court to throw out the lawsuit because the plaintiff is not
entitled to any legal relief. Either party can file a motion for summary judgment, which asks the court to
decide the case on the merits prior to trial because there are no disputed facts.

Motions after Trial

The losing party can file a motion for a new trial, claiming there were legal errors that harmed the losing
party's position. The losing party can also file a motion for judgment notwithstanding the verdict,
arguing that the evidence cannot possibly support the jury's verdict. Motions like these are very rarely
granted, because the moving party has a very difficult burden of proof to overcome.

Questions for Your Attorney

What happens if a pleading isn't in the format required by the court rules?

What happens if I just ignore a complaint?

When do pleadings need to be "verified"?

Kinds of pleadings (Rules 6, 7 and 8 of the Rules of Court)

1. Complaint - the written statement of a plaintiff’s cause of action; the names and residences of the
plaintiff and defendant must be stated in the complaint.

2. Answer - specific denials of allegations of the complaint, or a statement of new facts preventing
recovery by the plaintiff

3. Counterclaim - any claim which a defending party may have against an opposing party (this may either
be compulsory or permissive)

4. Crossclaim - a claim by one party against a co-party arising out of a transaction or occurrence that is
the subject matter of the original suit, or of a counterclaim

5. Reply - a denial of new matters stated in the answer (if no reply is filed, the new matters are deemed
controverted)

6. Third party complaint - a claim filed by the defendant with the permission of the court against a
person who is not a party in the lawsuit (called the “third party defendant”) for contribution, indemnity,
subrogation, etc.

Kinds of motions (Rules 6, 7 and 8 of the Rules of Court)


1. Motion for bill of particulars - a request by a party for a clearer and more specific statement of
allegations made by the opposing party, to enable him to prepare his responsive pleading or to prepare
for trial. It must point out defects complained of and the details desired.

2. Motion to dismiss - a move by the defendant to dismiss the suit against him based on grounds like the
lack of jurisdiction, no cause of action, etc.

3. Motion for intervention - made by a person who has a legal interest:

(a) in the matter in litigation;

(b) in the success of either party;

(c) an interest against both; or

(d) who will be adversely affected by distribution or disposition of property in the custody of the court
or an officer thereof.

4. Motion for judgment on the pleadings - made by the plaintiff for the court to render a decision based
solely on the pleadings because the defendant’s answer does not deny the allegations in the complaint,
except damages (this is not allowed for legal separation or annulment cases).

5. Motion for summary judgment - made by any party for the court to render a decision based on the
pleadings (complaint, answer, etc), affidavits, stipulations, and admissions, in cases like recovery of
debts, etc.

Notes:

1. Personal service of the pleading or motion is preferred. If it is either filed or served through registered
mail, it must contain an explanation why personal service was not resorted to (Rule 13, Section 11).

2. Service of a motion on an adverse party should generally be done as to ensure its receipt at least
three days before the hearing. Motion day generally is Friday; some courts schedule hearings on any
day. If you are a new lawyer, always ask the court staff if the court has a specific motion day.

3. Based on the “omnibus motion rule”, a motion shall include all objections then available; if not
included, they are deemed waived, except lack of jurisdiction over the subject matter, litis pendentia,
res judicata, and prescription.

4. In a motion to reset a hearing (after the pre-trial conference), the proper fee must be paid.

5. Motions for postponements due to illness of a party or counsel must be accompanied by affidavits or
sworn certification.
6. Trial lawyers sometimes say “talo sa motions, panalo sa kaso.” The proceedings in a court case can
sometimes be like a roller coaster ride. In one hearing, there may be good results (the judge grants the
motion, or the presentation of a witness goes well). But in another hearing, the results may be the
opposite. This is one reason why lawyers are not allowed by the ethics of the profession to guarantee to
the client the successful outcome of a case.

7. Compared to civil cases, there are a lesser number of pleadings in criminal and labor cases. This is why
some lawyers prefer handling only criminal or labor cases.

Summons, Complaint and Answer

Terms:

Complaint:

The complaint is the document written by the plaintiff’s attorney that, when filed and served upon the
defendant(s), commences a lawsuit. The complaint serves many purposes including the identification of
the parties involved in the lawsuit, the plaintiff’s reason for filing a lawsuit, and the type of relief that is
sought.

Defendant:

The defendant is the party sued in a civil lawsuit. The defendant is the party who allegedly committed
some kind of wrong against the plaintiff.

Due process:

Due process is a constitutional requirement that a defendant be given reasonable consideration and
notice when being served with any papers such as complaints, motions or pleadings in a lawsuit.

Federal Rules of Civil Procedure:

A set of rules, promulgated by the United States Supreme Court, created to govern civil lawsuits in the
federal courts.

Motion:

A motion is a written or oral request for a presiding court to make a ruling or to issue an order on a
particular legal issue.

Pleadings:

Pleadings are required documents that contain a party’s allegations and factual support. Traditionally,
the pleadings are the plaintiff’s complaint and the defendant’s answer.

Party:
A party is a person or entity (corporation, organization, deceased’s estate etc.) involved in a legal
dispute. Plaintiffs and defendants are parties to a lawsuit.

Plaintiff:

The plaintiff is the party bringing a civil lawsuit in court.

Service of process:

Service of process is the method employed by the parties in a lawsuit to formally deliver papers (such as
the complaint, answer, and motion papers) on the other parties and the court.

Statute of limitations:

The statute of limitations is the time limit imposed by the law for bringing a lawsuit. The purpose of the
statute of limitations is to encourage timely and diligent litigation by all parties.

Summons:

A summons is a written notice, which usually is accompanied by the complaint, notifying the defendant
and the court that the complaint has been served on all relevant parties and listing the date of the first
court appearance for the lawsuit.

The summons, complaint, and answer are the documents that begin a lawsuit. These documents
present the positions of both the plaintiff and defendant and are required before a lawsuit can proceed.
The Federal Rules of Civil Procedure outline the basic requirements for the contents of each of these
documents. The plaintiff bringing the lawsuit must file a summons and complaint to start the lawsuit.
This serves a dual purpose: to notify the defendant that there is a lawsuit against him or her, as well as
to inform the court and the defendant of the substantive basis upon which the lawsuit rests and the
type of damages the plaintiff seeks. The answer is the defendant’s opportunity to respond to the
plaintiff’s complaint and to put forth any defenses if he or she so desires.

It is important to preface this section by noting that each federal district court maintains its own “local
rules,” or rules that govern how the court expects attorneys appearing in its court to follow procedure.
These include methods for filing papers with the court and requirements for appearing before the court.
Therefore, to avoid delays, it is imperative that the local rules be checked to ensure that the attorney’s
practice conforms to them.

Similarly, states have their own rules of civil procedure, some of which are considerably different than
the federal rules. The Federal Rules of Civil Procedure are applicable in federal court while the state
rules control for the state court. Thus, one cannot rely on a federal rule for a determination of how one
must act in federal court. However, knowledge of the basics of the federal rules will assist understanding
the requirements of all civil procedure rules, regardless of jurisdiction.
The Summons and Complaint

Under the federal rules, a civil lawsuit begins when a complaint is filed with the court. See Local Union
No. 38, Sheet Metal Workers' Intern. Ass'n, AFL-CIO v. Pelella, 350 F.3d 73, 82 (2d Cir., 2003) (“An action
is . . . instituted when a plaintiff files a complaint as that constitutes the first step invoking the judicial
process.”). Under some states’ rules, a civil lawsuit begins when the defendant is served with the
summons and complaint. The complaint, which contains the plaintiff’s allegations against the defendant
and the supporting factual basis for those allegations, is often accompanied by a summons. The
summons is a written document that identifies the court in which the lawsuit will be heard, contains the
signature and seal of the clerk and the court, and identifies the parties involved in the lawsuit. Both the
summons and complaint must be properly filed with the other parties and the court before the lawsuit
may proceed.

Here is an example of a summons:

Rule 7 of the Federal Rules of Civil Procedure requires that a lawsuit contain a complaint by the
plaintiff’s attorney and an answer by the defendant’s attorney. See Johnson v. Reilly, 349 F.3d 1149,
1156 (9th Cir., 2003). Under the federal rules, the complaint must be written in short and plain
language. It is preferred that technical legal language be excluded from the complaint. The complaint
should identify the basis for the court’s jurisdiction over the plaintiff’s lawsuit, the claim for which the
plaintiff seeks relief, and the demand for the particular type of relief that the plaintiff seeks through the
lawsuit. See Federal Rules of Civil Procedure; Rule 8. In other words, the defendant should be able to
identify the subject of the lawsuit, how the defendant is involved in it, what complaints the plaintiff has,
and the type of damages requested. The courts traditionally read these requirements liberally.
Therefore, even if the plaintiff submits a complaint whose language is not entirely clear but addresses all
of the necessary elements, the courts will generally accept the entry. See Kingman Park Civic Ass'n v.
Williams, 348 F.3d 1033, 1040 (D.C. Cir., 2003) (“[T]he complaint need only set forth ‘a short and plain
statement of the claim,’ Fed. R. Civ. P. 8(a)(2), giving the defendant fair notice of the claim and the
grounds upon which it rests.”).

Below is an example of a complaint:

The complaint is the crucial first step in a lawsuit. It is the plaintiff’s first opportunity to communicate
what injury he has allegedly sustained as a result of the defendant’s actions. It also strategically lays out
the plaintiff’s legal concerns. In addition, it is from the plaintiff’s complaint that the defendant can
strategize his response and any defenses he or she may have to the plaintiff’s allegations.

After the complaint is filed, there sometimes arise circumstances in which new facts may be discovered
that the plaintiff wishes to include in the lawsuit. There may also be new legal avenues to pursue. For
instance, if a plaintiff files a lawsuit against a defendant, seeking monetary damages for stealing a secret
soft drink formula, the plaintiff may later also decide to seek to prevent the defendant from using the
soft drink formula for its business. In these cases, the plaintiff will want to amend or supplement the
original complaint
Amendment or supplementation of pleadings (the complaint and the answer) is generally allowed. Rule
15 of the Federal Rules permits the plaintiff to amend its complaint once as a matter of right, i.e.,
without the need for the court’s permission, if it occurs before the defendant has responded with its
answer and the lawsuit has not yet been put on the trial schedule. However, if either of these events
have occurred at the time that the plaintiff wishes to amend its complaint or if the plaintiff has already
made one amendment and is seeking to make a second amendment, then the plaintiff must obtain
permission from the court or the defendant to amend. If the court finds that it is in the interests of
justice and fairness to allow the plaintiff to amend the complaint, then the court will allow the plaintiff
to do so. Amendments to the complaint often relate to facts and evidence which the plaintiff would like
to present in its complaint that existed at the time the complaint was originally submitted, but which
were not known to the plaintiff. See Wheeler v. Missouri Highway & Transp. Com'n, 348 F.3d 744 (8th
Cir., 2003).

For facts and evidence that are discovered after the original complaint is submitted, the plaintiff must
submit a supplemental complaint. The plaintiff must ask the presiding court for permission (via a
motion) to file the supplemental complaint.

The Answer

The defendant’s response to a complaint is called the answer. The answer contains the defendant’s
version of the events leading to the lawsuit and may be based on the contents of the complaint. The
filing of the answer is one option that the defendant has in deciding how to respond to the complaint.
The defendant may instead file a motion to dismiss the lawsuit or to have the complaint redone in a
different manner. These motions are covered in a later subchapter. This section will focus on the
answer.

Under the federal rules, in most instances, the defendant’s answer must be made within 20 days of
receiving service of the complaint. See O.J. Distributing, Inc. v. Hornell Brewing Co., Inc., 340 F.3d 345,
352 (6th Cir., 2003). Other jurisdictions allow a 30 day response time. Under the federal rules, if the
defendant has waived service of the complaint, the defendant has 60 days after receiving the complaint
to serve his answer. Like the complaint and other pleadings, the answer must be a short statement in
plain English. See Costello, Porter, Hill, Heisterkamp & Bushnell v. Providers Fidelity Life Ins. Co., 958
F.2d 836, 837 n.1 (8th Cir., 1992) (“The answer did not comply with the federal rules of civil procedure
that pleadings be ‘simple, concise, and direct.’ ”).

Here is an example of an answer:

The answer may also contain defenses that the defendant may offer in response to the plaintiff’s
complaint. There are two main types of defenses that the defendant may put forth. First, the defendant
may offer affirmative defenses, which are defenses that the defendant has the burden of proving. Some
examples of affirmative defenses are previous settlement of the case (where the defendant claims that
the issues of liability or damages that are raised in the complaint and have been previously settled),
statute of limitations (where the defendant claims that the plaintiff has exceeded the legally allotted
time to bring a lawsuit), and fraud. The other type of defense that may be brought are known, under the
federal rules, as Rule 12(b) defenses. These defenses are enumerated in Rule 12(b) of the Federal Rules
of Civil Procedure and are distinguished from affirmative defenses because these defenses place the
burden on the plaintiff to disprove the defense. The defenses included are lack of jurisdiction over the
subject matter, failure to state a claim (i.e., the plaintiff has failed to establish that he or she has a valid
lawsuit), insufficiency of service of process (where the plaintiff failed to properly execute service of
process of the complaint), lack of jurisdiction over the person (also known as lack of personal
jurisdiction), and failure to join a necessary party to the lawsuit, among others. If the defendant is able
to successfully put forth one of these defenses, he or she may successfully have the plaintiff’s complaint
dismissed, in part or in whole. If the defense motion causes the entire complaint to be dismissed, the
lawsuit is over. These defenses are discussed in greater detail in a later subchapter.