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Pleading. In law as practiced in countries that follow the English models, a pleading is a formal written statement of one party's claims or defenses in response to another party's complaint (s) in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. The Civil Procedure Rules (CPR) govern pleading ...
A third-party complaint; An answer to a third-party complaint; and; If the court orders one, a reply to an answer. Any other document that requests a court order is referred to as a motion. Notice pleading. Notice pleading is the dominant form of pleading used in the United States today. In 1938, the Federal Rules of Civil Procedure were adopted.
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
The plaintiff's original pleading is called a complaint. The defendant's original pleading is called an answer . Rule 8 (a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdiction , a "short and plain statement" of the claim, and a demand for judgment.
As the initial pleading, a complaint is the most important step in a civil case because a complaint sets the factual and legal foundation for the entirety of a case. While complaints and other pleadings may ordinarily be amended by a motion with the court, the complaint sets the framework for the entire case and the claims that will be asserted ...
Civil procedurein the United States. Civil procedure in the United States consists of rules that govern civil actions in the federal, state, and territorial court systems, and is distinct from the rules that govern criminal actions. Like much of American law, civil procedure is not reserved to the federal government in its Constitution.
Demurrer. A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?"
California is one of two states, the other being Virginia, which uses the demurrer as the primary pre-answer attack on the complaint. Most states and the federal courts have switched to modern "notice pleading" and use the motion to dismiss for failure to state a cause of action instead of the demurrer. Law of Evidence