Pleadings

Pleadings are the first and most important part of your lawsuit.

Do them wrong at the beginning of the lawsuit and (no matter what follows) you lose!

Everything begins with the pleadings. That's where the lawsuit starts.

Everything that comes afterward then hangs on the pleadings.

Pleadings include: Complaints, Answers, Affirmative Defenses, Replies, Counter-claims, Cross-claims, and Third-party Complaints. Each has its own requirements ... easy to learn, disastrous to ignore.

- THE COMPLAINT

The plaintiff's first pleading is his complaint. It must state the "elements" of at least one cause of action on which the court can grant relief, or it will be dismissed. Not every wrong has a judicial remedy. Only those wrongs the courts recognize as "causes of action". Don't imagine you can simply "write a letter" to the judge complaining about some wrong and get relief. It doesn't work that way. You must state at least one of the "causes of action" courts recognize. Just complaining "someone done me wrong" won't make the grade. If the plaintiff fails to allege a particular cause of action, and fails to win on his other causes of action, he cannot later bring in the one he left out. "If it ain't in the pleadings it ain't in the lawsuit."

- THE ANSWER AND AFFIRMATIVE DEFENSES

The defendant's initial pleading is his answer. (Motions are not pleadings.) The defendant must file affirmative defenses (another pleading) at the same time he files his answer, or those defenses may be waived. Depending on the circumstances, he might also file a counter-claim, cross-claim, or third-party complaint ... all pleadings.

- THE REPLY

If the defendant files affirmative defenses with his answer, the plaintiff should file a "reply" (another pleading) denying the defendant's affirmative defenses to avoid them.

Understanding what constitutes effective pleadings is easy.

Doing it wrong is the #1 reason people lose!

The plaintiff is bound by his pleadings. If he didn't plead it in his complaint, he can't get it in the judgment. He can't file a motion later on and get it. He can't wait until trial and then bring it up. If it isn't part of his pleadings, it isn't part of the lawsuit.

Similarly, if the defendant doesn't deny what the plaintiff says, then it's admitted for all purposes. If the defendant doesn't file his affirmative defenses with his answer, then those defenses may be ignored.

If you want a jury trial - plaintiff or defendant - you must demand it in your initial pleading, or your later request for a jury may be denied.

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