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    Basic Pleadings and Motions in A Civil Lawsuit

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    Basic Pleadings and Motions in A Civil Lawsuit

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    Markus Tran Moralde
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    Guide for construction

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    60 views4 pages

    Basic Pleadings and Motions in A Civil Lawsuit

    Uploaded by

    Markus Tran Moralde
    Guide for construction

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    © All Rights Reserved
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    Legal Professionals: BUILD YOUR BUSINESS

    Home / Research / Civil Lawsuits / Basic Pleadings and Motions in a Civil Lawsuit

    Basic Pleadings and Motions in a Civil


    Lawsuit
    By David Goguen, J.D., University of San Francisco School of Law

    A behind-the-scenes look at the different legal filings and in-court proceedings that make up a
    typical civil lawsuit.

    Whether we're talking about a divorce or a car accident case, most civil lawsuits adhere to the same timeline
    and structure, with various pleadings (document filings) and motions (requests made to a judge) occurring at
    somewhat predictable points along the way. So let's get familiar with some of the most common pleadings
    and motions in a civil case.

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    “ The court's procedural rules tell you what needs to be included in a pleading, how
    it should look, where it should be filed, whether there are any filing fees, and so on.

    What are Pleadings?


    Pleadings are formal written documents that are filed with the court as part of a civil lawsuit. Pleadings
    become part of the case file, and which means they are a public record unless ordered sealed by the court.
    The court's procedural rules tell you what needs to be included in a pleading, how it should look, where it
    should be filed, whether there are any filing fees, and so on. Usually, no matter the jurisdiction, a pleading
    must contain the name of the court, the title of the lawsuit (known as the "caption") and the docket number, if
    one has been assigned.

    Let's take a closer look at some of the most common pleadings that will be filed by the various parties in a civil
    lawsuit.

    Complaint
    A lawsuit begins when a plaintiff (the party suing) files a complaint against a defendant (the party being sued.)
    The complaint (sometimes called a "petition") is a written statement of the plaintiff's case, usually broken up
    into separate claims (called "causes of action"). The plaintiff states his or her version of the facts -- what the
    defendant allegedly did or failed to do -- and asks the court to order some kind of relief (money damages as
    compensation for any loss, for example).

    In some kinds of civil cases, the complaint may be filed on a pre-printed form, so that the plaintiff checks
    boxes and adds a few details here and there.

    For more information on what a complaint looks like (in the context of a personal injury lawsuit), see What is
    Included in a Personal Injury Complaint?

    Answer
    The answer is the defendant's written response to the plaintiff's complaint. In the answer, the defendant
    responds (usually very briefly) to the facts and allegations contained in the complaint. The defendant also
    pleads any affirmative defense (anything that would excuse the defendant's liability or bar the plaintiff's suit).

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    For example, if the plaintiff failed to comply with the lawsuit filing deadline (set by a law called a "statute of
    limitations") and tried to file the complaint after the deadline had already passed, the defendant would raise
    this point in his or her answer, and ask the court to dismiss the lawsuit.

    Counterclaim
    If the defendant asserts his or her own harm as part of the same incident or transaction that gave rise to the
    lawsuit, the defendant can file a counterclaim against the plaintiff. For example, if the plaintiff sues you for
    damages resulting from a car accident, but you believe the plaintiff actually caused the accident (and that the
    plaintiff is therefore responsible for your resulting injuries) you would file a counterclaim against the plaintiff.

    Cross-claim
    A cross-claim is made by one co-party against another, meaning that a party on one side of the lawsuit makes
    a claim against a party on the same side. So here, a plaintiff sues another plaintiff within the larger case, or one
    defendant sues another.

    Amended Pleadings
    The court can give either party permission to file an amended pleading, which simply changes or expands on
    information provided in the original version of the document (an amended complaint might contain
    allegations not included in the original, and an amended answer might include affirmative defense not
    previously raised, for example).

    Pre-Trial Motions
    A motion is a procedural tool in which one party asks the judge to make a ruling or order on a legal issue.
    Evidentiary motions set the rules for trial in terms of what can or cannot be considered by the jury. Motions to
    dismiss and motions for summary judgment are two more common pre-trial motions. In a motion to dismiss,
    the defendant asks the court to throw out the lawsuit because the plaintiff is not entitled to any legal relief.
    Either party can file a motion for summary judgment, which asks the court to decide the case on the merits
    prior to trial because there are no disputed facts.

    Motions after Trial


    The losing party can file a motion for a new trial, claiming there were legal errors that harmed the losing party's
    position. The losing party can also file a motion for judgment notwithstanding the verdict, arguing that the
    evidence cannot possibly support the jury's verdict. Motions like these are very rarely granted, because the
    moving party has a very difficult burden of proof to overcome.

    Questions for Your Attorney


    What happens if a pleading isn't in the format required by the court rules?

    What happens if I just ignore a complaint?

    When do pleadings need to be "verified"?

    Tagged as: Research , Civil Lawsuits


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