Code Pleading


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Code Pleading

A statutory scheme that abolished the ancient common-law Forms of Action and replaced the overly technical system of Common-Law Pleading with simplified provisions for a plaintiff to bring a lawsuit and a defendant to answer the claims alleged against him or her.

As the Common Law developed in England after the Norman Conquest in 1066, a plaintiff could start a lawsuit only by obtaining a writ from the king or the king's chancellor. In time these writs took on fixed forms and a plaintiff could obtain one only if the words of the claim fit one of the established forms of action. There was no room for variation in the words of the plaintiff's complaint or the defendant's response. By the fourteenth century the forms of action had become quite rigid and they took on the same overly technical characteristics under the common law in the United States. Frequently a worthy claim was tossed out of court because of some miscalculation or misstatement in the pleadings and justice was ill-served.

In 1848 New York enacted a new code to govern Pleading in the courts of that state. It was called the Field Code after David Dudley Field, the man who devised it. A number of other states followed the lead of New York. This pattern of pleading a Cause of Action or a response came to be called code pleading.

Common-law pleading had required reducing every case to one claim and one response. Since grievances did not always fit into common-law forms, code pleading abandoned it. All the old forms of action were abolished and the extreme formality of common-law pleading was abandoned. Under code pleading the plaintiff has only to make a statement of facts that, if true, justify legal relief. The only requirement is that those facts fit the general pattern of some established legal right and that they state a claim on which relief can be granted. Furthermore, the plaintiff can present alternative or even inconsistent sets of facts and leave it to the trier of fact to establish which are correct. This is allowed when the plaintiff does not know all the facts affecting the claim, so long as the pleading is made honestly and in Good Faith. More than one cause of action can be alleged but they must be stated as separate counts. For example, some states allow a simplified form of pleading of a breach of contract. The plaintiff may simply state that money is owed but has not been paid or services have been rendered but payment has not been made.

Code pleading solved many of the problems associated with common-law pleading but it also spawned a new controversy. The requirement that a plaintiff set out a claim by reciting facts justifying relief left open the question of what facts might be included. It has often been said that a plaintiff need plead Ultimate Facts, not legal conclusions. Case after case has been fought on this point. The distinction primarily concerns how much detail must be given. A plaintiff must be able to show that he or she has a legal right, the defendant breached or violated that right, and the plaintiff thereby suffered some harm.

References in periodicals archive ?
Clark, Handbook On The Law Of Code Pleading [section] 4, at 11 (1st ed.
(185.) See supra notes 29-34 and accompanying text (discussing the practical issues presented by Code pleading).
(134) US code pleading and Australian pleading rules (including requests for further and better particulars), while in theory requiring the revelation of facts, turn out to be similarly ineffective at forcing parties to define issues.
CLARK, HANDBOOK OF THE LAW OF CODE PLEADING 12-17 (2d ed.
at 23-31 (detailing the spread and extent of code pleading before the Federal Rules were adopted).
517, 534 (1924) (noting that fact pleading was the least successful of the Code pleading reforms).
facts, evidentiary facts, and legal conclusions made code pleading a
early problems with the English code pleading system and set out to
(317) The Court observed that "Rule 8 marks a notable and generous departure from the hyper-technical, code pleading regime of a prior era, but it does not unlock the door of discovery for a plaintiff armed with nothing more than conclusions." (318) Finally under the second working principle, an action must also be dismissed "where the well pleaded facts do not permit the Court to infer more than the mere possibility of misconduct, the complaint has alleged but it has not 'show[n]' that the pleader is entitled to relief." (319)
(84) Charles Clark, the chief architect of the Federal Rules, put it this way: By omitting any reference to "facts" the Federal Rules have avoided one of the most controversial points in code pleading. As Professor Moore has so aptly stated, "The federal courts are not hampered by the morass of decisions as to whether a particular allegation is one of fact, evidence, or law." This departure from the traditional code-pleading requirement has been liberally applied by the courts and lauded by the legal writers.
adheres to code pleading and Louisiana to civil law pleading).
It is true that these distinctions were crucial to code pleading. Under