The Complaint: General Points

Similar documents
FILED: NEW YORK COUNTY CLERK 03/15/ :24 AM INDEX NO /2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016

FILED: NEW YORK COUNTY CLERK 10/28/ :04 PM INDEX NO /2016 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/28/2016

FILED: NEW YORK COUNTY CLERK 03/10/ :54 PM INDEX NO /2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/10/2016

FILED: NEW YORK COUNTY CLERK 11/08/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/08/2013

The HIDDEN COST Of Proving Your Innocence

COMPLAINT DEMAND FOR JURY TRIAL

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

INSTRUCTIONS FOR PREPARING A COMPLAINT IN A NEVADA DISTRICT OR JUSTICE COURT (Generic)

DEFENDANTS' VERIFIED ANSWER

Case3:05-cv WHA Document1 Filed02/14/05 Page1 of 5

Complaint - Walmart Substance on Floor in Frozen Food Dept.

COPYRIGHT 2009 THE LAW PROFESSOR

NC General Statutes - Chapter 1A Article 8 1

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Hong Kong Civil Procedure Notes

GENERAL CLOSING INSTRUCTIONS. Members of the jury, it is now time for me to tell you the law that applies to

PLAINTIFF S ORIGINAL PETITION

Case 1:07-cv NLH-AMD Document 1 Filed 08/10/2007 Page 1 of 12

Civil Law is known as Private Law. Regulates disputes between individuals; between parties; and between individuals and parties.

Case 1:13-cv GJQ Doc #12 Filed 04/16/14 Page 1 of 7 Page ID#34 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

THE LATEST TORT REFORM: THE CERTIFICATE OF MERIT

Case 3:16-cv WHB-JCG Document 4 Filed 05/31/16 Page 1 of 8

SUMMARY OF CONTENTS SC-1.

FILED: ALBANY COUNTY CLERK 01/05/ :51 AM INDEX NO /2015 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/05/2016

Common law reasoning and institutions Civil and Criminal Procedure (England and Wales) Litigation U.S.

Twins Cities Claims Association: Updates on Rule 68, Good Faith Law, and Joint & Several Liability. Quinlivan & Hughes, P.A.

New Jersey Department of Children and Families Policy Manual. Date: Chapter: L Legal Subchapter: 1 Legal Procedures

G.S. 1a-1. Rule 84 Page 1

Plaintiff, Willie Nevius, a resident of North Carolina, by way of complaint against the

Case 1:17-cv LAP Document 1 Filed 01/30/17 Page 1 of 3

NEW JERSEY APPELLATE PRACTICE HANDBOOK

S16G0662. LYMAN et al. v. CELLCHEM INTERNATIONAL, INC. After Dale Lyman and his wife, Helen, left Cellchem International, Inc.

Courthouse News Service

General Issues in Remedies. Eric E. Johnson ericejohnson.com. Konomark Most rights sharable. Law vs. Equity

Econ 522 Review 3: Tort Law, Criminal Law, and the Legal Process

Case 1:16-cv Document 1 Filed 06/20/16 Page 1 of 9 ) ) ) ) ) ) ) ) )

4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law?

FILED: NEW YORK COUNTY CLERK 06/07/ :33 PM INDEX NO /2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/07/2016

Plaintiff, Joseph DiNoto, by and through his attorney, avers the following against the PARTIES

NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio Court of Common Pleas

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND. v. C.A. No. 03- VERIFIED COMPLAINT. Jurisdiction And Venue

Genuine Agreement (Genuine Assent)

Robert I, Duke of Normandy. 22 June July 1035

THE LAW OFFICES OF JOHN BURTON

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) FIRST AMENDED COMPLAINT AND JURY DEMAND

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION JUDGE:

2. Witness statement: by the maker of the witness statement;

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA THIRD DIVISION

NEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful:

Case 3:15-cv MDH Document 1 Filed 05/27/15 Page 1 of 10

CONTRACT DISPUTES: WINNING FROM THE BEGINNING

Plaintiff, for its Complaint against the above-captioned Defendants, states and

IN THE COURT OF COMMON PLEAS STATE OF SOUTH CAROLINA CASE NO CP-23- COUNTY OF GREENVILLE. Sylvia Lockaby, Plaintiff, vs.

Case 1:12-cv WGY Document 6 Filed 10/04/12 Page 1 of 30 UNITED STATES DISTRICT COURT FOR THE DISTRCT OF MASSACHUSETTS

FILED: NEW YORK COUNTY CLERK 04/11/ /30/ :42 PM INDEX NO /2014 NYSCEF DOC. NO RECEIVED NYSCEF: 04/11/2014

MOHAVE COUNTY JUSTICE COURT

Indicate the answer choice that best completes the statement or answers the question.

PRELIMINARY STATEMENT. Brooklyn in which he was serving out the last months of his prison sentence to a

Civil Division Introduction to Small Claims

Texas Law & Due Process (Chapter 10) Dr. Michael Sullivan. Texas State Government GOVT

If you lived in Missouri and bought Marlboro Lights Cigarettes between February 14, 1995 and December 31, 2003

Courthouse News Service

Texas Tort Reform Legislation. By: Judge Mike Engelhart 151 st District Court

Drafting New York Civil-Litigation Documents: Part VI The Answer

Sangamon County Circuit Clerk s Office. Small Claims Court Manual

Understanding Legal Terminology in NFA Arbitration Cases

Your legal rights may be affected even if you do not act. Please read this Notice carefully. YOUR RIGHTS AND CHOICES

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, WESTERN DIVISION

TYPES OF MONETARY DAMAGES

STATE OF NORTH CAROLINA TRANSPORTATION COMPENDIUM OF LAW

The Law Offices. John S. Morgan, Esq.

PLAINTIFF DEMANDS A TRIAL BY JURY IN THE CIRCUIT COURT FOR THE CITY OF ARCADIA

Glossary of Terms for Business Law and Ethics

CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI I

Case 2:10-cv HGB-ALC Document 1 Filed 04/20/10 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JANET DELUCA CIVIL ACTION

Filed: 5/1/2017 5:00:41 PM Myla A. Eldridge Clerk Marion County, Indiana

2. One of the defendant in the case is Parker & Gould (P&G). What is exactly P&G?

AN IN-DEPTH LOOK AT TEXAS' NEW TORT REFORM LAW PRESENTED BY: McDONALD SANDERS. A Professional Corporation ATTORNEYS AT LAW

PETITION FOR CONTEMPT OF A CUSTODY ORDER

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

COUNT II INJUNCTIVE RELIEF FOR COMBINATION OR CONSPIRACY IN RESTRAINT OF TRADE OR COMMERCE {15 U.S.C. 1, 26)

Case 9:16-cv RLR Document 1 Entered on FLSD Docket 04/15/2016 Page 1 of 6

THE BLUE PRINT: AN ESSENTIAL GUIDE FOR THE PRO SE CIVIL LITIGANT IN WISCONSIN

Chapter 2. Initial Pleadings

False Medicaid Claims

IN THE SUPERIOR COURT OF DOUGHERTY COUNTY STATE OF GEORGIA ) ) NOTICE OF CLASS ACTION SETTLEMENT

INSTRUCTIONS PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS PROVIDED UNDER W.VA. CODE

FILED: NEW YORK COUNTY CLERK 08/21/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/21/2013

DEFENDANT S COUNTERCLAIM. Cause No COUNTY OF BASTROP ET AL IN THE 21 ST Plaintiff and counter-defendant,

FILED: BRONX COUNTY CLERK 01/08/2014 INDEX NO /2012E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/08/2014

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION AND SETTLEMENT HEARING. Your legal rights are affected whether you act or don t act.

Case 3:16-cv CRS Document 1 Filed 10/19/16 Page 1 of 12 PageID #: 1

The SPOLIATION OF EVIDENCE is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant

FILED: BRONX COUNTY CLERK 01/26/ :43 AM INDEX NO /2018E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/26/2018

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Introduction. Jurisdiction. Parties

Case3:13-cv NC Document1 Filed12/09/13 Page1 of 18

Cause No NUMBER 3

IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA PHOENIX ARIZONA DIVISION. Plaintiff, pro se )

Transcription:

The Complaint: General Points The Purpose of the complaint under the federal system and many state systems is merely to give notice to the other side as to what your cause of action is. Writing too much in the complaint may: Annoy the judge Waste your own time Give away your trial strategy needlessly As the plaintiff s s lawyer, the complaint serves the following purposes: Start the suit and (with service) toll the staute of limitations Introduce the cause of action to the court and defendant Invoke the court s s jurisdiction over the defendant and case Advanced Civil Litigation Class 4 Slide 1

Strategies in Starting to Draft a Complaint First, obtain an old complaint from your firm s s archives. Many firms have templates that all complaints are drafted from. There s s no need to set up the boilerplate and caption and other things that change from complaint to complaint initially. First, draft the substance and later plug it into the form. Do the different sections (e.g., jurisdiction, each cause of action, etc.) separately. Appendixes and exhibits can be used in a complaint, but don t t overuse these. Save your evidence for trial. Only use exhibits if it s s a relatively simple case or one that may be able to be resolved on the pleadings Advanced Civil Litigation Class 4 Slide 2

Naming the Parties in a Complaint Caption: Says the parties, index #, name of court and complaint complaint Description of parties Usually, you will say the addresses of the parties Parties must have standing standing to sue for the complaint to be valid Parties must have the capacity to sue or be sued Other types of complaints: Third party complaints Interpleader complaints Class action complaints Intervention complaints Advanced Civil Litigation Class 4 Slide 3

Asserting Jurisdiction A statement as to why the court has jurisdiction over the case and over the parties is a required component of every complaint. Even in state courts of general jurisdiction, you should still allege why the court has jurisdiction. In courts of limited jurisdiction, like federal courts and lower state courts, you certainly need to discuss why the court has subject matter jurisdiction. To allege subject matter jurisdiction, first list the location of o the parties and or the cause of action, whichever is relevant. Then state the statute under which jurisdiction rests To allege personal jurisdiction, state where the defendant lives or where the tort occurred and then the statute which allows personal jurisdiction in that case Advanced Civil Litigation Class 4 Slide 4

Alleging Your Causes of Action First, state the relevant facts of the case (only those facts you need to establish your causes of action) at the outset of the complaint. Use a separate heading for each cause of action. For each cause of action, make sure to reiterate the relevant facts. Then, tie in the relevant facts to the elements of the cause of action Make sure that the reader understands why the facts line up with all of the allegations Make sure, if damages is an element of the cause of action (e.g., negligence), that you allege the damages within the cause of action. Advanced Civil Litigation Class 4 Slide 5

What NOT to do in a Complaint Do not anticipate or refute possible defenses That is for motion practice or trial. At this stage, you just need to state a cause of action Do not allege facts if you don t t know if they re true You can say Upon information and belief if you re not sure Do not state or argue the law Do not combine causes of action in one sentence or paragraph Do not go into too much detail in terms of the damages suffered Do not lock yourself into a particular theory unless you have to. Advanced Civil Litigation Class 4 Slide 6

Fact or Code Pleading Although the federal rules and many states only require a short and plain statement of the claim, some jurisdictions still apply the old old rule that requires all of the relevant facts to be pleaded in the complaint. In such a state, you must go into more detail and allege every fact that s s relevant to the cause of action. The majority rule, however, is still apply the notice pleading rule (i.e., the federal rule) that gives notice to the other party as to the nature of the complaint and the basic facts that gave rise to it. Advanced Civil Litigation Class 4 Slide 7

Types of Damages to be Sought in a Complaint There should be done in the wherefore wherefore clause. Damages can include: Compensatory Damages; e.g., General Damages Special Damages Provable economic damages Pain and Suffering Exemplary (punitive) Damages Many states require intentional or reckless tortious conduct for punitive damages to apply Injunctions Prohibitory (preventing an action) Mandatory (requiring an action e.g., specific performance) Advanced Civil Litigation Class 4 Slide 8

Miscellaneous Points about the Complaint You can allege completely separate causes of action even based on unrelated facts in the same complaint. Just make sure that: The court has subject matter jurisdiction over each count You use a separate section for each cause of action You adequately allege the facts of each cause of actiom In the wherefore wherefore clause: Demand a jury trial, if you want one Also as the court for all further relief that the court deems just and proper or something to that effect Advanced Civil Litigation Class 4 Slide 9

Miscellaneous Points 2 Rule 11 requires the lawyer to sign all pleadings The lawyer can thus be punished if they are false or frivolous A verification is required in many jurisdictions This is an affidavit from the plaintiff stating that s/he has read the complaint and believes all allegations to be true You can attach exhibits to the complaint, but don t overdo it. This is most useful where the complaint is based primarily on a document (e.g., a contract). In the allegations when you reference the contract signed by the defendant, you can say a copy of which is attached hereto as Exhibit A. A bond for costs may be required in some states for some cases Advanced Civil Litigation Class 4 Slide 10