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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).
In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant.
The initial pleading in a civil lawsuit that seeks only money (damages) might be called (in most U.S. courts) a complaint. An initial pleading in a lawsuit that seeks non-monetary or "equitable" relief, such as a request for a writ of mandamus or habeas corpus, custody of a child, or probate of a will, is instead called a petition.
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]
Confession and avoidance, in pleading, relates to a plea which admits that the facts alleged in a declaration are true, but which shows new facts by which it is hoped to destroy the effect of the allegations admitted.
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). Under common law systems, a defendant who pleads guilty will be convicted if the court accepts the plea.
The Supreme Court's 2009 Iqbal case elaborated the heightened standard of pleading it established two years previously in Twombly, and established that it was generally applicable in all federal civil litigation and not limited to antitrust law: Two working principles underlie our decision in Twombly. First, the tenet that a court must accept ...
many figurative senses derived from baseball, e.g. off one's base (crazy), to get to first base (esp. in neg. constr., to get a first important result); more recently (slang), a metaphor for one of three different stages in making out (q.v.) – see baseball metaphors for sex; more s.v. home run: bash