Pleading With Particularity In Suffolk
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FAQ
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.
“A condition precedent is an act or event, other than a lapse of time, which, unless the condition is excused, must occur before a duty to perform a promise in the agreement arises” (MHR Capital Partners LP v. Presstek, Inc., 12 NY3d 640, 645, quoting Oppenheimer & Co.
This requirement serves two purposes. First, it gives the defendant notice of the definite charges to be met. Second, the allegations "should be sufficiently specific that the court can weed out nonmeritorious actions on the basis of the pleadings.
Finally, a plaintiff alleging defamation per quod must plead special damages. Special damages must be “fully and accurately identified 'with sufficient particularity to identify actual losses.
In alleging fraud or mistake, a 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 without setting forth the facts or circumstances from which the condition may be inferred.
Pleadings must be written formally ing to the rules of civil procedure and are generally classified as complaints and answers. Pleadings can be filed at any time during a court proceeding, but they are usually filed early in the trial process (usually pre-trial, or before the case is heard by the judge in court).
The quality or state of being particular. detailed, minute, or circumstantial character, as of description or statement. attention to details; special care. fastidiousness. an individual or characteristic feature or trait; peculiarity.
While fact-based pleading has not been a part of the federal civil process since the 1930s, it remains alive and well in many of the country's biggest and busiest state courts, including California, New York, Pennsylvania, Florida, Texas, Missouri, Virginia, Illinois, New Jersey, Connecticut and Louisiana.
C. RETURN DATE SUBMISSION PROCEDURE -- ROOM 130. Place of Return and Return Date: All motions/proceedings brought on by notice of motion or notice of petition, in both assigned and unassigned cases, shall be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day at A.M.
You may choose to file your own Family Court petition. To do so, go to the website listed below and choose the type of petition you want to file. Completed petitions must be filed with the General Clerk of the Family Court (631-853-4289).
