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Pleading
From Wikipedia, the free encyclopedia
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In
law as practised in countries that follow the English models, a pleading is a formal written statement filed with a
court by parties in a
civil action, other than a
motion. By stating what claims and defences are at issue, pleadings establish the issues to be decided by the court.
Pleading in England and Wales is covered by the
Civil Procedure Rules (CPR).
Pleading in United States federal courts is covered by the
Federal Rules of Civil Procedure.
Pleading in the courts of the individual states is covered by the rules of civil procedure either promulgated by the respective state Supreme Courts, or by statute by the respective legislatures.
Contents
Examples of pleadings
In the United States, a
complaint is the first pleading filed by a
plaintiff which initiates a lawsuit. A complaint sets forth the relevant
allegations of fact that give rise to one or more legal
causes of action along with a
prayer for relief and sometimes an
ad quod damnum clause. In some situations, a complaint is called a petition, in which case the party filing it is called the
petitioner...
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