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Pleadings

Pleadings

Complaint Department

Drawing the Battle Lines

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Mouse Attired for BattleSay What You Must Prove

Pleadings say what the fight is about.

They are filed by both sides.

They tell the court who should win ... and why.

Though we call them "pleadings", they are not "prayers", nor are they used to "beg" the court to do anything. The merely state the essential facts on which each party relies.

The four primary pleadings are:

  • Complaint
  • Answer
  • Affirmative Defense
  • Reply to Affirmative Defense

Know how these 4 primary pleadings should be used in your case.

Plaintiffs file complaints, alleging facts and law, demanding justice.

Defendants file answers, should always also file affirmative defenses with their answer.

If defendant files affirmative defenses with the answer, then plaintiff should file a reply to the affirmative defenses, stating how they are false or legally deficient.

If the facts of the case require, the defendant may also file with the answer and affirmative defenses any cross-claims against co-defendants, counter-claims against plaintiff, or third-party comlaints against people who caused part or all of the problem but are not yet named in the case.

Counter-claims, cross-claims, and third-party complaints are secondary pleadings. They aren't always necessary!

The primary pleadings are necessary.

Know how to use them or lose!

Use this case-winning procedure course to win your case!

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