Originally Posted by Gigs

The war is over. The wrong side won.

Originally Posted by Argent Stonecutter

So basically this response is boilerplate that the law requires they file as part of the legal machinery?

Originally Posted by Trout Recreant

Essentially a summons and complaint, followed by an answer is just both sides showing up for the fight. They are important documents, but now the real litigation can begin.

Originally Posted by Trout Recreant

Cuter than me, without a doubt. I make no presumption to speak on behalf of my fellow counsel who are both strikingly beautiful, nor would I ever think to be able to judge their beauty in comparison to that of Arilynn's. It would be like staring into three suns, side by side and trying to determine which is brightest.

Originally Posted by Sooz Pascale

Unlike tv and the movies, most of the real fighting is done outside the courtroom. Its mostly boring and tedious. It would make poor entertainment. For cases that come to trial however [about 20% of civil cases] there is a magic moment. It is the first day of trial and you have just found its a "go". The trial will start. The judge takes the bench and anounces the case of "Somebody v. Somebody...counsel, state your appearances."

You stand...look him or her right in the eye and say "Good morning your honor, Susanne Pascale for the plaintiff [or defense or whatever]. We're ready."

"We're ready is the legal equivilent of "Lock and load" or the gunfight at the OK corrall or 20 paces at dawn. Those of you who have not experienced this cannot imagine the adrenalin rush one gets from saying the 2 simple words "We're ready."

Sooz

Originally Posted by Trout Recreant

I'll admit that after doing lots and lots of trials, that never gets old. My hands shake for the first hour of the trial until I hit my groove, and then it's still a huge rush. The battle is still on, but you sort of hit that sweet spot where you are amped up to 100% and in the fight, but you aren't shaking from the adrenaline boost anymore. You're at cruising speed.

Then, the flip side is when the case is over - assuming you have won, you take your client out for a meal, thank them for the opportunity, discuss what happens next, then go home and crash into bed for 3 days. I'm not sure I'm even safe to drive home after a tough trial.

Edit: and to agree with Sooz, as much as I love those legal drama tv shows, they are total fantasy. Nothing like that EVER happens, and any show about my exicitng litigation practice would just be an hour of me sitting at a computer reading cases or typing a brief, and the occasional phone call. It is not a spectator sport, despite what Boston Legal would have you believe.

(Also, I'm uglier than William Shatner, and I don't have mad cow disease)

Originally Posted by Sooz Pascale

Same here. Win or lose I give it my all - 100%, everything I have. At the end I'm a physical and emotional basket case and near catatonic. I don't want to sound immodest, but I'm good enough at it that I can make it look easy, but its not. Not at all.

Sooz

Originally Posted by Trout Recreant

The only thing you are absolutely required to do is plead the most basic elements of the case in the complaint. I almost never do this, and I draft a LOT of Complaints. Also, I answer a lot of them and I try extremely hard not to admit anything other than what I have to, or what benefits my clients. For example, most complaints start with a jurisdiction and venue section. Jurisdiction is appropriate in this court, and venue in this location because... I usually want to admit that unless it's some venue on the other side of the mountains or something. Might as well keep it close to home where I'm used to the procedures and don't have to charge my clients to drive all over the place.

As for the substantive pleadings, those are almost always denied to whatever extent possible. If we don't know, then we must deny until we do know, so you get phrases like "The Defendants do not have sufficient basis to either admit or deny, therefore the Defendants deny the allegations in Paragraph X of the Plaintiff's Complaint" If you don't do that, you have admitted it.

Don't get to tied up in what the Answer says. It sounds like an important document, but in reality it isn't too important.

Also, with regards to 12(b)(6). Rule 12(b)(6) allows for the dismissal of a Complaint for failure to state a claim upon which relief may be granted. It has nothing to do with the merits of the case. Every claim has elements. If you fail to claim one in your complaint, they can bring a 12(b)(6) motion. What happens is either the judge orders you to amend your complaint to state a claim, or dismisses with leave to refile. It's a delay tactic, not a game-ender.

Here's an example:

1) Blady had a duty to me to act with reasonable care
2) Blady breached her duty by not acting with reasonable care and she ran me over with her car
3) Blady's breach of her duty caused me significant damage
4) The damage caused by Blady's breach of the duty is broken bones, tire tread marks, fear of streets and loss of respect for the automaking industry ( )

There. Duty, breach, causation and damage. The elements of a negligence claim. That complaint would not be thrown out on a 12(b)(6) motion, although it would need to be much more fleshed out than that. The facts of the case, such as, I have never even met Blady, she never ran me over with a car, caused me harm, nor do I have no damages since nothing happened, are not at play. A CR11 motion is more likely, along with some fraudulent filing charges, potential perjury charges, etc... but 12(b)(6) is not an issue.

You're talking about an interpretation of fairly technical rules. LL may not even have waived it's right to bring a 12(b)(6) motion. I doubt it will, though, as it would be a waste of time. Don't read into that any admission on LL's part that there is merit to the claim. Note also that I am not commenting on whether there is merit to the claim. I'm just stating that the lack of a 12(b)(6) motion means nothing here.

Originally Posted by Colette Meiji

Dang Trout, Blady ran you over?!!!!

Doesn't she know your wife knows how to use a gun?

Originally Posted by Charles_D

And Jessie will never be the same.

Originally Posted by Argent Stonecutter

I get enough adrenaline when I say "ship it"* ... and then it's too late to catch any more bugs before the customer sees it. There's no way I could handle adding an adversarial relationship into the mix.

* Sorta... the release sign-off process isn't a spectator sport either.