Amended and Supplemental Pleadings Quiz

What is the effect of an amended pleading?

• It replaces the original pleading.

• It supplements the original pleading.

• It modifies the original pleading.

• All of the above.

When can a pleading be amended as a matter of right?

• At any time before a responsive pleading is served.

• Only with leave of court.

• Only with the consent of the adverse party.

• Never.

What is a substantial alteration of the cause of action?

• A change that introduces a new cause of action.

• A change that does not affect the substance of the claim.

• A change that is merely formal.

• A change that is made to correct a mistake.

What is a formal amendment?

• An amendment that introduces a new cause of action.

• An amendment that does not affect the substance of the claim.

• An amendment that is merely formal.

• An amendment that is made to correct a mistake.

What is the proper response to a supplemental complaint?

• An amended answer.

• A supplemental answer.

• A reply.

• A rejoinder.

What is the period to file an answer to an amended complaint?

• Within 10 days from service of the amended complaint.

• Within 15 days from service of the amended complaint.

• Within 20 days from service of the amended complaint.

• Within 30 days from service of the amended complaint.

What is the purpose of a bill of particulars?

• To clarify the allegations in a pleading.

• To supplement a pleading.

• To amend a pleading.

• To challenge the sufficiency of a pleading.

What is the effect of failure to plead a compulsory counterclaim?

• The counterclaim is waived.

• The counterclaim is barred.

• The counterclaim can be filed later.

• The counterclaim can be filed as a separate action.

When can a defendant be declared in default?

• When the defendant fails to file a responsive pleading within the prescribed period.

• When the defendant fails to appear at the pre-trial conference.

• When the defendant fails to pay the docket fee.

• All of the above.

What is the effect of an order of default?

• The defendant is deemed to have admitted the allegations of the complaint.

• The plaintiff is entitled to judgment as a matter of right.

• The case is dismissed.

• All of the above.