Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses. The plaintiff submits a complaint stating the cause of action—the issue or issues in controversy. The defendant submits an answer stating his or her defenses and denials. The defendant may also submit a counterclaim stating a cause of action against the plaintiff. Pleadings serve an important function of providing notice to the defendant that a lawsuit has been instituted concerning a specific controversy or controversies. It also provides notice to the plaintiff of the defendant’s intentions in regards to the suit.
Old common law rules of pleading were complicated and rigourous. Meritorious complaints were often thrown out of court for technical flaws in form rather than substance. Today, in most if not all states, a pleading must no longer conform to archaic formats but may be a simple petition or complaint setting forth the relevant facts and asking for a remedy.
Pleadings are part of a larger category of procedural rules. In state court, pleadings are generally governed by state procedural rules (for example, see California’s rules - Title VI.) In federal court, pleadings are generally governed by the Federal Rules of Civil Procedure (See Rules 7-12 ).
All above information can be found at Cornell University Law School's Wesbite at: https://www.law.cornell.edu/wex/pleading
Definition
A complaint is the pleading that starts a case. Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief.
Overview
A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff wants. After receiving the complaint, the defendant must respond with an answer.
Traditionally, in accord with federal courts' system of notice pleading, complaints (like other pleadings) did not need to be very specific, and did not need to specify the facts the plaintiff intends to prove. The Supreme Court introduced a heightened standard for complaints in 2007 with the case Bell Atlantic v. Twombly. This case requires that a complaint must allege "enough facts to state a claim to relief that is plausible on its face."
Complaints must be served on defendants. This lets defendants know that they are being sued and why. See Federal Rules of Civil Procedure, particularly Rules 3, 7, 8, and 10. See also the federal courts' website for sample complaints.
Although some state courts model their pleading rules on the Federal Rules of Civil Procedure, other states use very different rules. Thus, pleading standards for complaints may vary widely from state to state, or between state and federal courts located in the same state. See State Civil Procedure Rules.
The Supreme Court recently reiterated the level of detail required in a complaint in the case of Ashcroft v. Iqbal.
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Information source: Legal Information institute
Definition
A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. When a court issues a writ or certiorari it is referred to as "granting certiorari", or 'cert.'
Overview
When the U.S. Supreme Court orders a lower court to transmit records for a case for which it will hear on appeal, it is done through a writ of certiorari. Certiorari is the common method for cases to be heard before the U.S. Supreme Court since it has specific jurisdiction over a very limited range of disputes.
A supreme court has power to review the proceedings of all lower tribunals and to rule upon their authority to hear the case and their decisions on questions of law. However, the lower court's determination on questions of fact will rarely be disturbed, although a state statute may authorize a higher court to do so.
The following is an example of a state statute dealing with writs of certiorari:
"The justices of the Supreme Court shall have authority to issue writs of certiorari and to grant injunctions and stays of execution of judgment, subject to the limitations prescribed by this code and the Rules of Appellate Procedure, as judges of the circuit courts are authorized to grant the same."
See the Federal Rules of Civil Procedure.
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Information Source: US Legal Definitions
Definition
An answer is a defendant's first pleading in a case, which addresses the dispute on the merits and presents any defenses and counterclaims. A typical answer denies most of the plaintiff's allegations and claims complete defenses to allegations that are not denied.
Overview
After receiving a plaintiff's complaint, a defendant must respond with a pleading called an answer. In the answer, the defendant must address each allegation in the complaint. Some jurisdictions allow defendants to make a general denial of all allegations in the complaint. The defendant may also raise counterclaims or affirmative defenses.
If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer. In the federal courts, if the defendant does not plead a counterclaim, plaintiffs may only file a "reply to an answer" with the court's permission. See the Federal Rules of Civil Procedure. See also the federal courts' website for sample complaints.
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Information source: Legal Information Institute
Definition
A counterclaim is a claim for relief filed against an opposing party after the original claim is filed. Most commonly, it is a claim by the defendant against the plaintiff.
Overview
When composing an answer, defendants may assert their own claims against the plaintiff. For all purposes within the trial, the plaintiff acts in a defensive posture regarding these counterclaims, and the defendant acts in an offensive posture. Thus, for example, the defendant bears the burden of proof on counterclaims.
There are both permissive and compulsory counterclaims. "Common law compulsory counterclaims" are counterclaims that, if successful, would nullify the plaintiff's claim. If defendants do not raise these counterclaims, they cannot sue on them later in a different lawsuit. For example, if Company A sues Company B for breach of contract, and Company B did not make any counterclaims, Company B could not later sue Company A for fraudulently inducing it to sign the contract in the first place. See Res Judicata. See, e.g., Cardinal Chemical v. Morton International.
Many jurisdictions have also created additional classes of compulsory counterclaims. For example, Rule 13 of the Federal Rules of Civil Procedure requires defendants to raise as a counterclaim any claim they have against parties already in the lawsuit if the claim "arises out of the same transaction or occurrence" as one of the plaintiff's claims.
Permissive counterclaims are counterclaims addressing matters unrelated to the plaintiff's claims. This allows parties to settle all of their otherwise unrelated disputes in one single lawsuit.
If the defendants' counterclaims address the same basic issues as the plaintiff's claims, courts usually address the claims and counterclaims at the same time. If the counterclaims involve distinctly different issues or facts, the court may choose to address them separately.
See Civil Procedure.
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Information source: Legal Information Institute
