Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses.
Overview
The plaintiff submits a complaint stating the cause of action. The defendant submits an answer stating his or her defenses and denials. The defendant may also submit a counterclaim stating a cause of action against the plaintiff.
Purpose
Pleadings provide notice to the defendant that a lawsuit has been instituted concerning a specific controversy or controversies. It also provides notice to the plaintiff of the defendant's intentions with regard to the suit.
Procedural Rules
Pleadings are part of a larger category of procedural rules. In state court, pleadings are generally governed by state procedural rules (for example, see Chapter 7 of California's Code of Civil Procedure. In federal court, pleadings are generally governed by the Federal Rules of Civil Procedure, particularly by Rules 7-16.
Further Reading
For more on pleading, see this New York University Law Review article, this Stanford Law Review article, and this Vanderbilt Law Review article.
menu of sources
Federal Material
U.S. Constitution
Federal Rules
- Federal Rules of Civil Procedure, Rules 7-12
State Material
State Court Rules
State Judicial Decisions
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
Other References
Useful Offnet (or Subscription - $) Sources
- Good Starting Point in Print: Kevin M. Clermont, Black Letter on Civil Procedure, West Group (2004)
- LII Disk Materials