In our last post we introduced you to the concept of pleadings. Pleadings are the documents that define the case. The complaint lays out the claim of the plaintiff, the response to the complaint, whether it be by answer or motion, lays out the position of the defendant.
So with a general idea of pleadings in hand, let’s focus on the individual pleadings in more detail – starting with the complaint.
As we touched on in the last post, the complaint must contain and include certain things, but in general, it is the document that sets forth and more importantly, defines what the plaintiff is seeking.
It tells you what the lawsuit is about. By reading the complaint in a lawsuit you can quickly and easily determine the subject matter of the lawsuit, the parties involved and what the plaintiff is seeking to gain from the lawsuit.
In addition to information about the lawsuit, you will see other related information at or near the beginning of the document.
Why and what are these things?
It can seem intimidating when you see a bunch of certifications, and statements appearing before you even get to the part that tells you what is being sought
But it should be easy once you remember that the complaint must include every allegation and statement that would entitle the plaintiff to relief. That means not only must the complaint, on its face, explain what is being sought, but it must include all allegations necessary to establish why the plaintiff should be entitled to relief in that particular court, against the named defendant.
So what does that mean?
Include statements that show:
A. Why the court has jurisdiction of the subject of the lawsuit
B. How the court has jurisdiction over the defendant
C. Why the selection of the court in terms of location is proper
D. That rules pertaining to disclosures and identifying parties have been complied with
And all those will generally appear at the beginning of the complaint.
Once these requirements have been addressed, the actual complaint can begin. This usually will begin with a statement of the facts of the case….. the whom what, where, when how issues.
Following the statements of facts will come the actual causes of action that the facts support.
The final section of the complaint will set forth the relief sought – what does the plaintiff want? Money? A Restraining order? A clarification of where a boundary line is? The easiest way to understand this section of the complaint is that this is where you tell the court what you want, and understand that you can only get what you ask for if you win.