What do pleadings consist of

You must have JavaScript enabled in your browser to utilize the functionality of this website. Pleadings are certain formal documents filed with the court.

Pleadings state basic positions of the parties in a lawsuit. Common pre-trial pleadings include complaint, answer, reply and counterclaim. A complaint frames the issues of a case. Answer is a statement by the defendant explaining why the plaintiff should not prevail. Moreover, an answer may offer additional facts, or plead an excuse. Any party in the case may file a reply to new allegations raised in pleadings. The defendant may also file a counterclaim asserting that the plaintiff has injured the defendant and should pay damages.

The counterclaim may be filed separately or as part of the answer. However, the plaintiff must be given the opportunity to respond by filing a reply to the counterclaim. Home Information. Pleadings give all of the parties and the court notice of the claim, the law that supports or defeats that claim, and the respective positions of the parties with regard to the claim.

Before drafting the complaint, counsel should consider theories of liability, elements of the cause of action, and remedies available given the facts presented. Court rules generally require short, plain statements in the allegations. The complaint may be drafted with multiple counts stating the respective issues and relief requested. It is important to investigate the applicable statute of limitations period because the case will be dismissed if the complaint is filed too late.

Jurisdiction is an issue that will determine where to file a complaint. The common elements consist of the names of the parties and their status plaintiff, defendant, etc. Review the applicable court rules for additional requirements:. Each count in a complaint is identified as to its nature Count I — Negligence, etc. Each allegation within an individual count is numbered. State codes of civil procedure allow plaintiffs to plead as many of the claims has they have against the defendant s.

A fact alleged as an element that is common to multiple claims need only be alleged once and may be incorporated by reference in subsequent counts. This is done by making a statement at the beginning of each subsequent count explicitly identifying which previously alleged material is incorporated within it. It contains the remedies the plaintiff is requesting the court to grant. Pleadings need to be signed by the party or the attorney of record. They need not be verified unless required by a statute or rule that forms the basis of the cause of action.

Every state has a code of civil procedure and a set of rules that governs state courts. State court systems are typically divided into subdivisions based on subject, the type of relief the grant, or the amount claimed. Sections within Title 28 of the United States Code will define the jurisdictional elements that are necessary for filing a case in the federal District Courts.

The Federal Rules of Civil Procedure govern litigation in federal courts. Pleadings are referenced in Rules 7 through There may be local district court rules defining their operating procedures. Courts generally require plaintiffs to use one of two methods to express a cause of action via the complaint.

These are fact pleading and notice pleading. Many states use fact pleading, which requires plaintiffs to plead all facts supporting the cause or causes of action. Discovery is then narrowed to the issues raised by the facts.

The federal courts use the more relaxed standard of notice pleading. Federal Rule 12 e allows for the defendant to file a motion for a more definite statement when the complaint is too vague.

The motion must be filed before filing a responsive pleading the answer. The alternative to attacking a complaint is to file a 12 b 6 motion to dismiss for failure to state a claim upon which relief can be granted. A form book generally contains templates to assist counsel in drafting legal documents. There are major book sets that are devoted to litigation, including complaints. Some of the titles include:. The defendant may have procedural options prior to filing an answer to the complaint.

These may include motions to dismiss the complaint for failure to state a claim, a motion to strike parts of the claim, objections to jurisdiction, or an attempt to remove the case to a different court among others. The answer should mirror the complaint as much as possible including the caption. The answer should be organized and numbered in reference to the counts and allegations of the complaint. The answer should raise any affirmative defenses that are available.

If the defendant lacks sufficient knowledge to admit or deny factual allegations he should respond that way. The defendant may also raise any counterclaims against the plaintiff as part of the answer.

Counterclaims are those claims that the defendant may have against the plaintiff arising out of the same set of facts. The counterclaim should follow the responses to the allegations and affirmative defenses.