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The style, format, and information required in court documents differs from one jurisdiction to another, between different levels of courts in a system, and between different areas of law. Therefore, the companies that publish casebook and other legal materials often publish form books as well, offering selections specific to the location and ...
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Such exchanges are not technically part of the pleading process, and parties are not encouraged to take points on any discrepancy between pre-action correspondence and the formal statements of case. Their function is to facilitate out-of-court approaches to resolving the dispute, or identifying the issues that divide the parties.
In law, filing is the delivery of a document to the clerk of a court and the acceptance of the document by the clerk for placement into the official record. [1] If a document is delivered to the clerk and is temporarily placed or deposited with the court (but is not accepted for filing), it is said to have been lodged with or received by the court (but not filed). [2]
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause).
Notice pleading is the dominant form of pleading used in the United States today. [2] In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. [2] The focus of the cause of action was shifted to discovery (another goal of the FRCP). [2]
In law, a plea is a defendant's response to a criminal charge. [1] A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States).