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Pleadings Outline

Law Outlines > Civil Procedure II Outlines

This is an extract of our Pleadings document, which we sell as part of our Civil Procedure II Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Procedure II Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

PLEADINGS

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GENERAL o Notice Pleading StandardEnough information to put D on notice what claim is.Problem with including a lot of information, that is for discovery process.Don't want require too much that will be impossible for P to fileD must be able to answer complaint and prepare a defense

o Complaint
? Document by which P brings case o Answer
? D's response to complaint o Reply
? Answer to the answer
? Allowable If:

* Answer contains a counterclaim (reply is required)

* At P's option, P obtains a court order allowing reply o Lawyer must sign pleadings (complaint & answer)

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COMPLAINT o Initial pleading in lawsuit - filed by P - commences the action o Elements of Complaint (Claim for Relief) - Rule 8 (a)
? Short and plain statement of the grounds for the court's jurisdiction
? Short and plain statement of the claim showing that the pleader is entitled to relief
? Demand for the relief sought

* ($$, injunctions) o Specificity
? Level of factual detail not high
? Gaps in facts are remedied through discovery
? Legal theory not required (just have to state facts)
? P must give enough facts to put the D on notice about allegation
? Irrelevant that the P has failed to allege some matters that they will have to later prove at trial
? Bell Atlantic

* "Plausibility standard"

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Allege facts that plausibly suggest the crime If what you say is true, it must be plausible that you will be entitled to relief o Facts can be silly/crazy o Assume that everything the P says is true

o Special Matters - Rule 9
? Must be pleaded with particularity if they are to be raised at trial
? Applies to answer and complaint
? Pleader takes full risk of failure to plead any special matter9(b)

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*9(g)

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*Fraud or mistake Party must state with particularity the circumstances constituting fraud or mistake Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally

Special damages - must be specifically stated Evidence of special damages not pled in a complaint cannot be admitted at trial Or evidence must be established that the injury is "an inevitable and necessary" result of the injuries already contained in the pleadings General damages = pain and suffering o Types of damages that D should expect to pay Special damages = things that D might not expect, more specific o Out of pocket costs P incurs o Lost wages, medical bills

54(c)

* Default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings

* Every other final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings

o P's Burden of Pleading and Production
? In complaint:

* P must plead, or allege, all elements of each cause of action.
? At trial:

* P must produce evidence to prove each element of each cause of action.
? Example:

* Cause of action for defamation

* P must plead (in complaint) and prove (at trial) o (1) Slanderous statement was made and (2) published (i.e., disseminated), and (3) plaintiff was injured by it

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