Pleadings

Pleadings are formal written statements filed with a court that initiate and shape civil litigation. They state the allegations of the plaintiff or petitioner and the defenses of the defendant or respondent, and define the issues the court will decide. The primary pleading in most civil actions is the complaint or petition, which sets forth the facts the plaintiff relies on, the legal claims or causes of action, the relief sought, and often a jurisdictional statement. In some systems the initial pleading is called a petition; in others it is a complaint.

The pleadings also include the defendant’s responsive pleading, typically an answer, which admits or denies the plaintiff’s factual allegations and may raise affirmative defenses or admit to certain facts while asserting others. Parties may file counterclaims against the plaintiff, cross-claims against other defendants, or a third-party complaint bringing in another party. Replies to answers are common in some jurisdictions.

Pleadings usually require a caption with the court and case number, a list of parties, a concise statement of facts, the legal claims, and a request for relief. They may also include jurisdictional and venue information and signatures of counsel or parties. Pleadings must be served on other parties, and deadlines for responses are set by court rules.

Pleading standards vary by jurisdiction but generally require sufficient factual detail to give the opposing party notice of the claims and to allow the court to determine the merits. If a pleading fails to state a claim, it may be dismissed or subjected to a demurrer or a motion to strike, and the case may proceed to discovery only after proper framing of issues.