A party filing a complaint is the complaining party, while the other side is the responding party. Pleadings set forth parties' positions in the action, such as allegations, claims, defenses and denials. A pleading defines the issues and states the bare facts necessary to begin or defend the case.
There are several types of pleadings in civil litigation. These include complaints, which serve as the basis of the legal action, and answers, which are the responses to the complaints. There may also be counterclaims, crossclaims, and third-party claims, which are also types of pleadings.
The pleading serves to provide notice to the defendant that there will be a lawsuit against the defendant regarding a specific controversy or controversies. Furthermore, the pleading stage provides notice to both parties of the intention of the opposing party regarding the lawsuit.
Pleading Paper Your name must start on line 1. The Court name and location must start on line 8. The caption of the case must start on line 11. You must have a footer with the title of the document. After the caption (the box with the name of the Plaintiff/Respondent) you can use the space as needed, using double spacing.
The term “pleading paper” is often used to describe the format of a document that is filed with the Court when a pre-made form is not available. If there is not a California or Local Court form to fit your situation, you will need to draft your own pleading or motion on pleading paper.
Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses.
“Pleading paper” is the term for legal-format paper, with numbers down the side. In situations where there is no pre-printed court form, court paperwork must be submitted on pleading paper.
Comply With the Relevant Federal, State, and Local Rules. Research Before Writing. Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. Jurisdiction. Draft Concise and Plain Statement of the Facts. Factual Allegations. Draft Separate Counts for Each Legal Claim. Plead Facts With Particularity Where Necessary.
Draft your pleading on legal paper and include your identifying information and a caption that states the involved parties and case number. Draft the body with numbered paragraphs, double spacing, clear headings, and page numbers. Include a certificate of service in your submission.
Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation. The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties. (b) Paragraphs; Separate Statements.