Pleadings
Intro
i. Notice – Rule 8(a)(2)
1. “Short and plain statement” showing the pleader is entitled to relief
ii. Code
1. “Statement of facts” constituting a cause of action
2. Updated version of the field code
Purpose
i. Notify another party of the issue (most important)
ii. Fact revelation
iii. Formulate Issue
Who must plead?
i. Procedure exists for putting substantive law into effect.
ii. Initial pleading is done by the Plaintiff (Defendant can plead later in counter-claims)
iii. Prima Facie case – selected elected elements that are regarded as sufficient to entitle plaintiff to recover, if proven, unless the defendant proves elements to offset them.
iv. Burden of proof
1. Pleading – “He who pleads must prove.”
2. Proof
a. Production – bringing forward evidence to support the case
b. Persuasion:
i. Civil – plaintiff must prove by “preponderance” of the evidence
ii. Criminal – proof beyond a “reasonable doubt”
What must be pleaded?
i. Unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief – Dioguardi
ii. Low vs. High standards
1. Accessibility
2. Delays details under discovery
3. Despite low standards, merits must still be established
4. Advantages to a specific complaint
a. Survives a 12(b)(6) – failure to state a claim
b. Compelling / settlement leverage / Pressure parties
c. Complete / Thorough
d. Credibility for attorney
e. Survives a 12(e) – motion for more definitive statement
5. Advantage to a general complaint
a. Loss of flexibility – Rule 15 – amended & supplemental pleadings
b. Do work of discovery for other side
c. Appearance of a lack of a case
d. Eliminate skill disparity
e. A more specific complaint may include invalid claims.
f. Save resources
6. Buffalo Creek (p. 595)
a. Specificity in pleading
7. Dioguardi (p. 611) ß Conley (p. 618)
a. A very simple complaint is sufficient notice – Rule 8(a)(2)
b. Notice pleading gives the plaintiff the benefit of the doubt
c. A common person can bring an action (access).
d. Conley reaffirms that “a claim can be dismissed only if no set of facts can support the claim.”
8. American Nurses (p. 624)
a. Complaint cannot be dismissed merely because it includes invalid claims along with a valid one.
b. “Confu
cy under 8(a)
ii. It a complaint is dismissed for being too vague, parties do not have opportunity to use discovery.
b. Answer can be as vague as the complaint.
c. 12(e) – Should only be used with:
i. Rule 9(b) – response to fraud / mistake cases
ii. Assessing an initial defense (ex. Statute of limitations)
iii. Should not use 12(e) improperly to undermine the simplicity and non-specificity of 8(a)
iii. Answer
1. Possibilities
a. Admit complaint – 8(b) – helps to narrow case, and no evidence can be admitted concerning the issue (Fuentes p. 663)
b. Deny complaint – 8(b) – creates an issue of fact
c. Failure to deny – 8(d) – works as if admitted
d. Insufficient evidence to form belief – 8(b) – delays answer until discovery; temporary denial
