Main Entry:
plead·ingFunction:
noun 1 a : one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses;
also : a written document embodying such a declaration —see also
RELATION BACK b : any of the allegations, averments, claims, denials, or defenses set forth in a pleading
alternative pleading : a pleading that sets out an alternative theory in support of a plaintiff's claim for relief or a defendant's defense
amended pleading : a pleading that is filed to replace an original pleading and that contains matters omitted from or not known at the time of the original pleading
re·spon·sive pleading /ri-'spän-siv-/ : a pleading that directly responds to another pleading (as by denying in an answer allegations in a complaint)
sham pleading : a pleading that is factually false, is not made in good faith, and that may be struck
supplemental pleading : a pleading that supplements an earlier pleading with matters that have occurred or come into existence since the date of the original pleading
2 : a process or system through which the parties in a legal proceeding present their allegations
code pleading : pleading (as fact pleading) done in accordance with the rules set down in a code
NOTE: Code pleading began in 1848 in New York State and was a departure from the complex system of common-law pleading, which included a lengthy set of stages by which a single issue was produced, and which was determined by the type of writ under which the plaintiff proceeded.
fact pleading : pleading that requires a plaintiff to set out in the complaint facts sufficient to establish a cause of action —compare
NOTICE PLEADING in this entry
notice pleading : pleading that is characterized esp. by a simplified description sufficient to give notice of a claim or defense rather than by a technical account of any facts pertinent to the claim or defense —compare
FACT PLEADING in this entry
NOTE: Notice pleading is allowed under the Federal Rules of Civil Procedure and in a majority of states, although complex cases often require substantial detail in the pleading.