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Topic: How much evidence for initial complaint???

Created on: 08/06/18 10:17 PM

Replies: 7

DARIN1


Joined: 09/25/16

Posts: 14

How much evidence for initial complaint???
08/06/18 10:17 PM

In initiating a complaint in a federal court, how much evidence should be included with the allegations. I have 200+ pages of evidence for a 42 usc 1983 complaint due to lengthy contracts and other things, and 4 defendants so copies and service could get extremely expensive.

DLM

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: How much evidence for initial complaint???
08/09/18 8:18 AM

As my course emphasizes, complaints are pleadings that allege what must be proved. They are not intended to PROVE a case but, rather, to STATE the case. Discovery is used later to bring in the evidence. Please study ALL of my course and learn about pleadings and discovery and enforcing discovery. I want all my students to win. Please study ALl of my course. Thanks.

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NEAL4


Joined: 09/22/21

Posts: 1

RE: How much evidence for initial complaint???
09/26/21 5:37 PM

If a developer violated multiple Land Development Codes, would the complaint state...

Defendant violated seven Municipal LDC...

or would you state each code violation separately?

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: How much evidence for initial complaint???
09/26/21 6:28 PM

always itemize
detail each violation

it should read out like the law they violated..

part 1
a123 b123 c123
part 2
a123 b123 c123
* Last updated by: JOSEPH66 on 9/26/2021 @ 6:29 PM *

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CARL16


Joined: 10/22/21

Posts: 2

RE: How much evidence for initial complaint???
10/26/21 7:32 PM

I'm having the same issue with filing a federal 1983 complaint. The issue is that the pleading standard has changed in the federal courts. Federal courts used to use what's known as "notice pleading" which essentially allows for the allegations to be proven later. In 2009, the court went to what's known as "plausibility pleading" which virtually requires the plaintiff to prove his or her case in the complaint. If the judges don't find a complaint to be plausible, then they can summarily dismiss it.

This creates a situation in which plaintiffs are uncertain as to how much evidence they need to supply in the pleadings so that their complaints aren't considered.

Look up "Twiqbal" to find more information about the topic.

I fear that if I leave anything out they'll just dismiss it. But I'm also concerned that if it's too long, they'll just gloss over it and miss the details.

If anyone has any advice, I'd very much appreciate it.

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: How much evidence for initial complaint???
10/26/21 8:46 PM

here is a little template you could look at
i saved it for myself but take a look
https://www.youtube.com/watch?v=_iWvHbAsUzU

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CARL16


Joined: 10/22/21

Posts: 2

RE: How much evidence for initial complaint???
10/27/21 10:54 PM

Thanks for this! Did you write it or is it something you found online? I see it was just posted just two days ago.

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: How much evidence for initial complaint???
10/28/21 12:29 AM

i found it
i wrote algorithm to scour youtube for legal and police interaction videos
http://auditorsunited.org/

im a civil rights activist trying to educate people on thier right and how to sue.

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