first-year law review

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Oct. 31-Nov. 1 Civil Procedure: Pleadings

So there are two types of pleadings: notice pleading and fact pleading. Fact pleading is where the pleading sets forth the facts of the case. Notice pleading is giving a brief statement of the issue and why the plaintiff is seeking relief. Notice pleading is useful so that a pleader can get more relevant facts in discovery, and it makes the court more efficient. FRCP 8(a)(2) says that you need a short and plain statement of the claim showing the pleader is entitles to relief. As an example, we can look at Form 9 in the Appendix. There, the claim is “On June 1, 1936, in a public highway called Boylston Street in Boston, Massachusetts, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway.” FRCP 12(b)(6) says that the failure to state a claim is a defense. A claim has to have both legal and factual sufficiency. FRCP 12(e) says that you can file a motion for a more complete statement. If the pleading is vague or incomplete, the defense can file a 12(e) motion.


November 2, 2006 - Posted by | Civil Procedure

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