Section 4 Defendant's Pleadings

• Library: Civil Trial Practice 2008 Supp Forms

1. Time (check Rule 55.25)

2. Check jurisdiction and service

3. Check venue

4. Should the case be removed to federal court?

5. Motions to be filed (check Rule 55.27)

a. Rule 55.27 motions

(1) Lack of jurisdiction over the subject matter

(2) Lack of jurisdiction over the person

(3) Insufficiency of process

(4) Insufficiency of service of process

(5) Failure to state a claim upon which relief can be granted

(6) Failure to join a party under Rule 52.04

(7) That plaintiff should furnish security for costs

(8) That plaintiff does not have legal capacity to sue

(9) That there is another action pending between the same...