pleadings


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See: case, matter, plea

pleadings

the formal written statements of the parties in a civil action developing and ultimately defining the points at issue between them; they contain assertions of fact, which the parties propose to prove, and statements as to the remedies sought.
References in periodicals archive ?
More particularly, this article first contrasts motions to strike matter from a pleading from motions to strike sham pleadings.
140(f) and deals with striking these four categories of material from pleadings.
The material that makes up the volume is organized in many parts devoted to notification of special agreements, the pleading regarding Panama, the counter-memorial of Guinea-Bissau, the reply from Panama, the rejoiner from Guinea-Bissau, and additional pleadings of Panama regarding counter claims made by Guinea-Bissau, and other related material from other pleadings.
31) Although the code reduced the technicalities of pleadings, in practice it proved difficult to distinguish between facts, evidence, and conclusions.
51) The Court reasoned that Rule 9(b) imposes a particularity requirement on pleadings alleging fraud or mistake, (52) but does not make "any reference to complaints alleging municipal liability.
whether more should be demanded of pleadings, they mostly worried about
important task at the pleading stage: assess pleadings for their
Initially, a majority of district courts extended Twombly to defense pleadings, but recently the courts that have declined to extend the plausibility standard have gained majority status.
16) All three decisions focus on the sufficiency of a complaint, as opposed to an answer or a defense, and the Court has never explicitly applied Twombly's plausibility standard to pleadings beyond the complaint in any other case.
The court allowed ParkerVision to amend its pleadings to conform to the new rules.
Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths.
CONTENTS I Introduction II The History of Pleadings A Australia 1 Pleadings 2 Evolution of Case Management B United States 1 Pleadings 2 Evolution of Case Management 3 Pleadings Redux III Formulating a More Coherent Approach A Rethinking Pleadings B Issue Identification through Case Management IV Making Issue Management Work A Lawyers B Litigants C Judges D Early Issue Identification and the Need for Discovery V Conclusion