Pleading
the filing of a complaint and answer where plaintiff states claims and defendant states answers and defenses
Common law pleading functions
- Giving notice of the claim or defense
2 Stating the facts each party believed to exist - Narrowing the issues for trial
- Screening frivolous claims and defenses
Pleading components Include
> Evidentiary facts–matter witnesses could testify about, such as who, what, when, where, and sometimes why
Ultimate facts–the analysis of evidentiary facts to the law
Legal conclusions–such as the defendant being liable because the plaintiff established all the elements of breach of contract.
Ways of approaching pleading
1) Fact pleading: alleging evidentiary facts to meet every element of a claim
2) Notice pleading: alleging enough to put the opposing party on notice of a claim
Federal Rule 7 permits
Plaintiff’s complaint, defendant’s answer, plaintiff’s answer to a counterclaim, any party’s answer to a crossclaim, an answer to a third party complaint, reply to an answer
FRCP 8
- Requires a short and plain statement if the claim showing the pleader is entitled to relief, which was the concept of notice pleading
- Was interpreted liberally under Conley v. Gibson; interpreted narrowly under Bell Atlantic v. Towbly and Ashcroft, plausibility pleading
FRCP 9
- Heightened pleading is required. Require a pleading with evidentiary facts supporting each element
- Applies to allegations of fraud and mistake
Complaint contents
- An allegation of SMJ
- Service of process
- Claim
- Damages
- Prayer for relief
Answering a complaint
Admit, deny, or lack sufficient knowledge to respond
Affirmative defenses are
Rule 8(c)(1) such as assumption of risk, estoppel, fraud, and limitations
Rule 12(b)(6)
12(b)(6) failure to state a claim
Amending the pleading
Pleadings ≥ Discovery ≥ Evidence ≥ Verdict = Judgment
The right to amend
federal practice has only a limited right to amend at the outset of the case and after that, the amending party must seek leave of court or have the other parties consent
