pleadings


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pleadings

(plēd′ingz)
The written accusations or claims of the defendant and the plaintiff in a lawsuit.
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(161.) See, e.g., Goff & Bales, supra note 19, at 642 ("Applying plausibility standards to all pleadings will ensure efficiency...."); Bilek, supra note 19, at 404 ("The Twornbly Court was first to pronounce the Court's concern over discovery costs when it explained that the purpose of adopting a heightened pleading requirement is to relieve the parties of the high costs of discovery wasted on claims or defenses which are not actually grounded in a factual basis."); Pysno, supra note 19, at 1662 ("The Twombly court explicitly expressed concern about litigation costs.
After attributing this general policy goal of litigation efficiency to Twombly, the plausibility courts then assert that heightened pleading should not only be used to address the pleading of frivolous complaints but also to deal with the "boilerplate listing of affirmative defenses which is commonplace in most defendants' pleadings where many of the defenses alleged are irrelevant to the claims asserted." (63) The plausibility courts analogize the problem addressed by the Court in Twombly--frivolous complaints that unnecessarily unlock the doors to discovery and impose high costs on defendants--with a separate problem that these district courts have identified--namely, boilerplate defense pleading.
All clerks are capable of scanning pro se pleadings and converting them to electronic images.
Service of the initial pleadings in tenant eviction and other civil actions is still done by paper, but e-service of copies of subsequently filed pleadings on opposing counsel saves time and postage, increasing efficiency and reducing costs for their clients.
Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths.
CONTENTS I Introduction II The History of Pleadings A Australia 1 Pleadings 2 Evolution of Case Management B United States 1 Pleadings 2 Evolution of Case Management 3 Pleadings Redux III Formulating a More Coherent Approach A Rethinking Pleadings B Issue Identification through Case Management IV Making Issue Management Work A Lawyers B Litigants C Judges D Early Issue Identification and the Need for Discovery V Conclusion I INTRODUCTION
The current rule expressly provides "the judgment sought must be rendered immediately if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (1) A material, potentially dispositive question that may arise in the summary judgment context is whether an exhibit attached to the movant's pleading must also be authenticated to be considered and relied upon by the trial court in reaching its decision.
1.100(a) expressly provides for and defines four types or classes of pleadings that are permitted: 1) a complaint, 2) a petition, 3) an answer, and 4) a reply.
Pleadings, Minutes of Public Sittings and Documents 2014; Volume 21: The M/V "Virginia G" Case (Panama/Guinea-Bissau)
I fear that every age must learn its lesson that special pleading cannot be made to do the service of trial and that live issues between active litigants are not to be disposed of or evaded on the paper pleadings....
(MIS)FITTING PLAUSIBILITY PLEADINGS INTO OUR CURRENT
On August 23, 2012, the court granted Qualcomm's previously filed motion to dismiss ParkerVision's claims of indirect infringement, citing a federal appeals court ruling, which had changed the pleading requirements subsequent to ParkerVision's initial pleading.