What is Pleading?

In law, pleading is a written document that sets out the claims and defenses of a party in a lawsuit: 
  • Purpose
    Pleadings are a formal way to notify the other party that a lawsuit is being filed, and to establish the issues to be addressed in the case. 
  • Process
    A lawsuit usually begins with a complaint filed by the plaintiff, which states the cause of action. The defendant then responds with an answer, which includes their defenses and any counterclaims. 
  • Additional pleadings
    After the initial pleadings, there may be further pleadings, such as a reply, rejoinder, or surrejoinder. 
  • Rules
    The rules for pleading vary by location, but in general, pleadings should be concise and include all important details. For example, in the United States, each state has its own rules for pleading, while the Federal Rules of Civil Procedure govern pleading in federal courts.
Examples of pleadings in court include:
Complaints: The basis of a legal action.
Answers: Responses to complaints.
Counterclaims: A type of pleading
Crossclaims: A type of pleading.
Third-party claims: A type of pleading.
Indictments: A type of accusatory pleading that begins a criminal prosecution.
Informations: A type of accusatory pleading that begins a criminal prosecution.
Pleadings are formal submissions of claims and defenses made by parties in a lawsuit. 
They are one of the first stages of a lawsuit. 
Pleadings focus on stating facts concisely, without evidence. Evidence is the actual materials used to substantiate the facts. 
After the initial statements by the plaintiff and defendant, further pleadings may be made, such as a reply, rejoinder, or surrejoinder.
A surrejoinder is a legal response that a plaintiff files in response to a defendant's rejoinder in a civil lawsuit. It's a final opportunity for the plaintiff to respond to the defendant's arguments before the case goes to trial.
Surrejoinder
Is used during the pretrial phase of a civil lawsuit.

Gives the plaintiff a final opportunity to respond to the defendant's arguments.

The plaintiff files a surrejoinder if the defendant raises new points in their rejoinder
First used in Circa 1543
In modern practice, surrejoinders are rare and are not mentioned in the Civil Procedure Rules.

Comments

Post a Comment

Popular posts from this blog

English And Law

Image
Words such as estate ,  chattel ,  lease , executor,  tenant, and  word phrases such as  ad hoc ,  de facto ,  de jure ,  bona fide ,  inter alia , and  ultra vires,  remain in current use in legal writing though they are borrowed. The legal language and legal tradition changed with waves of conquerors over the centuries.  Roman Britain beginning in AD 43, followed Roman legal tradition, and its legal language was Latin.  Following the Roman departure from Britain circa 410 and the Anglo-Saxon invasion of Britain, the dominant tradition was Anglo-Saxon law, which was discussed in the Germanic vernacular Old English. It was written in Old English since circa 600, beginning with the Law of Aethelberht. After the Norman invasion of England in 1066, Anglo-Norman French became the official language of legal proceedings in England for a period of nearly 300 years until the Pleadi...
Read more

Skills Required For Legal Drafting

Active voice: Utilizing  active voice to make the document clear and direct. Clarity and conciseness: Avoiding  unnecessary jargon and using simple language where possible. Proofreading and editing: Carefully  reviewing the document to identify and correct grammatical errors, inconsistencies, and typos.
Read more

What is Legal Drafting?

What is Legal Drafting? According to Black's Law Dictionary (2004: 531), legal drafting refers to the “practice, technique, or skill involved in preparing legal documents. Drafting, pleading, and conveyancing are essential skills in the legal profession for creating accurate and legally compliant documents:   Drafting :  The process of creating legal documents like contracts, agreements, and deeds.  It involves choosing the right words and concepts.   Pleading :  The process of preparing formal statements for legal arguments.  Pleadings can be documents that initiate litigation or respond to it.   Conveyancing :  The process of transferring property rights to a new owner through deeds. These skills are important for success in civil litigation, general law, and real estate.  They are also applicable to almost any type of legal industry.    The Bar Council of India offers a course on drafting, pleading, and conveyancing that covers ...
Read more