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Topic: Pleading

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	Pleading - LoveToKnow 1911 (Site not responding. Last check: 2007-10-19)
		In the earliest historical period, that of the legis actiones, the pleadings were verbal, and made in court by the parties themselves, the proceedings imitating as far as possible the natural 1 In Scots and ecclesiastical law the word " plea " is used as to the statements of both parties to a cause.
		Pleading was oral as late as the reign of Henry VIII., but in the reign of Edward III.
		When the pleadings had reached a stage at which the parties were in flat contradiction on matters of fact, they concluded by joinder of issue, upon which the record was made up and the action was ripe for trial.
	www.1911encyclopedia.org /Pleading (4478 words)

	Pleading - Wikipedia, the free encyclopedia
		However, code pleading was criticized because many lawyers felt that it was too difficult to fully research all the facts needed to bring a complaint before one had even initiated the action, and thus meritorious plaintiffs could not bring their complaints in time before the statute of limitations expired.
		In notice pleading, the plaintiff is required to state in their initial complaint only a short and plain statement of their cause of action.
		Pleadings are referred to as 'Statements of Case'.
	en.wikipedia.org /wiki/Pleading (882 words)

	Pleading
		In the law, a pleading is one of the papers filed with a court in a civil action[?], such as a complaint, a demurrer[?], or an answer.
		A complaint is the first pleading filed by a plaintiff which initiates a lawsuit.
		A defendant may also file a cross-complaint[?] as well as bringing other parties into a case by the process of interpleader[?].
	www.ebroadcast.com.au /lookup/encyclopedia/pl/Pleading.html (62 words)

	CHAPTER 898* PLEADING
		Pleading may be filed after expiration of time fixed, but prior to hearing on motion for default judgment or nonsuit.
		The first pleading on the part of the plaintiff shall be known as the complaint and shall contain a statement of the facts constituting the cause of action and, on a separate page of the complaint, a demand for the relief, which shall be a statement of the remedy or remedies sought.
		No writ, pleading, judgment or any kind of proceeding in court or course of justice shall be abated, suspended, set aside or reversed for any kind of circumstantial errors, mistakes or defects, if the person and the cause may be rightly understood and intended by the court.
	www.cga.ct.gov /2005/pub/Chap898.htm (12278 words)

	MCR 2.111 General Rules of Pleading
		A defense not asserted in the responsive pleading or by motion as provided by these rules is waived, except for the defenses of lack of jurisdiction over the subject matter of the action, and failure to state a claim on which relief can be granted.
		(b) if a pleading states a claim for relief to which a responsive pleading is not required, a defense to that claim may be asserted at the trial unless a pretrial conference summary pursuant to MCR 2.401(C) has limited the issues to be tried.
		Affirmative defenses must be stated in a party's responsive pleading, either as originally filed or as amended in accordance with MCR 2.118.
	www.icle.org /mlo/mcr/02/2.111.htm (735 words)

	Nebraska Rules of Pleading in Civil Actions (Site not responding. Last check: 2007-10-19)
		A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a caption, (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief the pleader seeks.
		In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.
		If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.
	court.nol.org /rules/pleadcivil.htm (3055 words)

	Mass. Rules of Civil Procedure Rule 8 (Site not responding. Last check: 2007-10-19)
		A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled.
		Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading.
		Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.
	www.lawlib.state.ma.us /mrcp8.html (457 words)

	Preparing Pleading
		Pleadings are the written statements asserted by the parties.
		Pleadings include: complaint, summons, motions, some discovery documents, answers, etc. In some statutory proceedings, such as marriage dissolutions, applicable statues specify that a petitioner may be substituted for a complaint and that a response may be substituted for an answer.
		Your case will be assigned a cause number when the first pleading of a case is filed with the Clerk.
	www.pierce.ctc.edu /OffTech/Office263/lectures/preparing_pleading.htm (591 words)

	RULE 4:5. GENERAL RULES OF PLEADING
		Allegations in a pleading which sets forth a claim for relief, other than those as to the amount of damages, are admitted if not denied in the answer thereto.
		In pleading the performance or occurrence of conditions precedent, it is sufficient to allege generally that all such conditions have been performed or have occurred.
		In pleading an official document or official act it is sufficient to allege that the document was issued or the act done in compliance with law.
	www.judiciary.state.nj.us /rules/r4-5.htm (1106 words)

	Mass. Rules of Civil Procedure Rule 12
		If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that claim for relief.
		After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings.
		If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a more definite statement before interposing his responsive pleading.
	www.lawlib.state.ma.us /mrcp12.html (504 words)

	USDOJ: OARM: FBI Whistleblowers
		A pleading is a written submission that sets out claims, allegations, arguments, or evidence.
		Pleadings filed with OARM generally must not exceed 25 pages (not to include any attached exhibits).
		All pleadings and attachments filed with OARM must be filed on 8 ½" X 11" paper, except for good cause shown.
	www.usdoj.gov /oarm/wb/pleadings.htm (369 words)

	Pleading
		FRCP 11 requires that every pleading must be signed by at least one attorney of record or by the party if he is not represented by counsel.
		At common law and in code pleading jurisdictions a challenge to the substantive sufficiency of a complaint or an answer is termed a "general demurrer." Under the Federal Rules, demurrers have been abolished.
		In such a case, the defense is called an affirmative defense and defendant must plead it in the answer in order that plaintiff is aware of the allegations and has an opportunity to prepare to meet them.
	www.west.net /~smith/pleading.htm (1639 words)

	C-96-0393-FMS SGI Defts' Memo Re Pleading Standards
		Subsequent decisions focused on whether a complaint pleaded a strong inference that the defendants actually knew that their statements were false when made, and not that the defendants were merely reckless in issuing the statements.
		The Conference Report continued: Regarded as the most stringent pleading standard, the Second Circuit requirement is that the plaintiff state facts with particularity, and that these facts, in turn, must give rise to a "strong inference" of the defendant's fraudulent intent.
		Because the Conference intends to strengthen existing pleading requirements, it does not intend to codify the Second Circuit's case law interpreting this pleading standard.[23] [23]: For this reason, the Conference Report chose not to include in the pleading standard certain language relating to motive, opportunity, or recklessness.
	securities.stanford.edu /1011/SGI96/104.html (5725 words)

	Products
		Pleading Infinity was developed in Austin, Texas at FronteraFest, the premier fringe festival of the Southwest.
		In Pleading Infinity Bob Donovan, Hollywood Screenwriter, faces close encounters, near death experiences, ghosts, miraculous births, the Hollywood meetings from Hell, the creation of the universe and, finally, the meaning of life.
		Pleading Infinity is not cynical, but rather looks at life as a mystery to be navigated and I have great affection for Bob’s dilemmas.
	www.pleadinginfinity.com /page5.html (371 words)

	Split Widens on Scienter Pleading Standard Under the PSLRA
		The court reasoned, therefore, that the PSLRA "establishe[d] a pleading standard approximately equal in stringency to that of the Second Circuit." In addition, the Third Circuit noted that the PSLRA modified procedural law, not substantive law.
		Accordingly, the Third Circuit held that plaintiffs could still satisfy the scienter requirement by alleging motive and opportunity or recklessness or conscious behavior as long as the allegations were supported by particularized facts that gave rise to a "strong inference" of intent.
		Pleading motive and opportunity to commit fraud is insufficient in itself, but may support, or rise to the level of, a strong inference of recklessness or conscious misbehavior.
	library.findlaw.com /1999/Sep/1/127316.html (837 words)

	Special Pleading (Site not responding. Last check: 2007-10-19)
		For example, if it is Bill's turn to cook dinner and Bill is very ill, it would not be a case of Special Pleading if Bill asked to be excused from making dinner (this, of course, assumes that Bill does not accept a standard that requires people to cook dinner regardless of the circumstances).
		There are cases which are similar to instances of Special Pleading in which a person is offering at least some reason why he should be exempt but the reason is not good enough to warrant the exemption.
		This could be called "Failed Pleading." For example, a professor may claim to be exempt from helping the rest of the faculty move books to the new department office because it would be beneath his dignity.
	www.animalliberationfront.com /Philosophy/Debating/Logic/special-pleading.html (851 words)

	Pleading the Blood Against Alcoholism
		She went ahead and Pleaded the Blood and asked God to move into the situation to set her husband completely free from the alcohol.
		She had been pleading with this man over the last 8 years to get professional help and he would not do it.
		I told her the next step is to Plead the Blood of Jesus against the desire to drink.
	www.bible-knowledge.com /Pleading-the-Blood-Against-Alcoholism.html (1377 words)

	Special Pleading (Site not responding. Last check: 2007-10-19)
		Given this principle of empathy, it is reasonable to suppose that people who are (or consider themselves) different from me may not fully empathize with my suffering.
		The fallacy of Special Pleading presupposes that some differences are so great that the human capacity for empathy cannot cross them.
		The Oxford English Dictionary cites examples of the phrase "special pleading" being used to label sophistical argumentation from about the middle of the 19th Century.
	www.cuyamaca.net /bruce.thompson/Fallacies/specialpleading.asp (463 words)

	Logical Fallacy: Special Pleading
		The fallacy of Special Pleading occurs when someone argues that a case is an exception to a rule based upon an irrelevant characteristic that does not define an exception.
		People are most tempted to engage in special pleading when they are subject to a law or moral rule that they wish to evade.
		So, it is a case of special pleading to argue that off-duty police officers and their families should not be ticketed in circumstances in which a civilian would be.
	www.fallacyfiles.org /specplea.html (454 words)

	Fallacy: Special Pleading
		Special Pleading is a fallacy in which a person applies standards, principles, rules, etc. to others while taking herself (or those she has a special interest in) to be exempt, without providing adequate justification for the exemption.
		Person A accepts standard(s) S and applies them to others in circumtance(s) C. Person A is in circumstance(s) C. Therefore A is exempt from S. The person committing Special Pleading is claiming that he is exempt from certain principles or standards yet he provides no good reason for his exemption.
		From a philosophic standpoint, the fallacy of Special Pleading is violating a well accepted principle, namely the Principle of Relevant Difference.
	www.nizkor.org /features/fallacies/special-pleading.html (843 words)

	Techdirt: Pleading Guilty... Then Appealing?
		Just pleading guilty, and then appealing your own plea seems like a recipe for trouble (though, you could argue that he saves on the trouble of going through the first trial).
		When one pleads "Guilty", they generally don't know what the actual sentence is going to be.
		X was told to plead guilty to abusing his girl friend simply to get out of jail.
	www.techdirt.com /articles/20050915/115231_F.shtml (626 words)

	Overview of the United States Court System
		The Timeline of a Case: Pleadings and Briefs.
		A pleading, although different in form from jurisdiction to jurisdiction, will contain the basic claims or charges that the plaintiff brings against the defendant.
		Once a pleading has been filed, the defendant has an opportunity to respond to the pleading.
	www.animallaw.info /articles/dduspleadingsoutline.htm (1461 words)

	SSRN-The Myth of Notice Pleading by Christopher Fairman
		From this micro-examination of pleading, the Article develops the first contemporary model of pleading based on actual federal practice: the pleading circle.
		Contrary to the notice pleading myth, current practice is not a simple binary choice: fact-based pleading for fraud; notice pleading for everything else.
		One overriding conclusion emerges - notice pleading as a universal standard is a myth.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=409140 (379 words)

	Help Files: Pleading Information
		Pleading Information is where you identify the Type of Pleading, Filer information, and Contact information.
		Enter the individual name and/or company name, address, phone number, and email address of the person on whose behalf the pleading is made.
		If the person submitting the pleading is different than the filer, enter the pertinent information for a contact person.
	esupport.fcc.gov /help/index.htm?job=help_topic&id=pleadings&page=help_pleadingsType (144 words)

	Sample Pro Se Pleading For Shared Parenting
		This is a sample draft of a pro se pleading to the court asking the court to "uphold both parents' fundamental right to make decisions concerning the care, custody, and control of their child".
		If you intend to use this formal pleading or incorporate it into your arguments supporting shared parenting, you will need modify it to conform to your specific case and circumstances.
		Consult with an attorney or legal aid worker to ensure that the pleading meets all of the criteria required in your State.
	www.deltabravo.net /custody/jcpleading.php (346 words)

	Alibris: Pleading
		Pleading Without Tears has become established as one of the most successful books on practical drafting.
		Written by a legal secretary with over 25 years of experience in the field of law, this unique, down-to-earth book shows how to avoid worthless, weighty "legalese" and simplify legal language by thinking and writing clearly for more powerful, concise, and effective communication.
		A treatise on the principles of pleading in civil actions, comprising a summary view of the whole proceedings in a suit at law.
	www.alibris.com /search/books/subject/Pleading (752 words)

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