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The Claim Form (which may also include summary or all the particulars of claim, Defence and Response are all statements of case. The term "pleadings" continues to be used, though incorrectly, to refer to statements of case, the preferred terminology used by the Civil Procedure Rules. [1]
The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars".. In U.S. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process.
An additional claim is treated as a normal claim unless Part 20 otherwise provides, so the rules on contents of claim forms, Particulars of Claim, Defences and Replies apply accordingly, [14] although the title of the statement of case should be modified to make clear who is pleading, and which statement of case, if any, is being responded to.
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).
The declaration is similar to the particulars of claim filed in a combined summons and must therefore contain all the essential averments of the cause of action. It will set out in detail the nature of the claim, the conclusions of law that the plaintiff is entitled to make from the facts, and a prayer setting out the relief to be claimed. [67]
In 1883, the Rules of the Supreme Court replaced the term complaint with statement of claim. This was then replaced in 1998 with particulars of claim by the Civil Procedure Rules, which also replaced the word plaintiff with claimant as part of a drastic reform of English legal terminology. Thus, in England and Wales, a claimant now initiates a ...
In United States criminal law, a factual basis is a statement of the facts detailing an individual crime and its particulars, stipulated to by the prosecution and the defense, which forms a basis by which a judge can accept a guilty plea from the defendant.
A motion for more definite statement in many jurisdictions in the United States, and under United States federal law, is a means of obtaining a more detailed motion from the opposing party in a civil case before interposing a responsive pleading.