Pleading in United States
Pleading Definition
In Chancery Practice’. Consists in making the formal written allegations or statements of the respective parties on the record to maintain the suit, or to defeat it, of which, when contested in matters of fact, they propose to offer proofs, and in matters of law to offer arguments to the court. Story, Eq. PI. § 4, note. The substantial object of pleading is the same, but the forms and rules of pleading are very different, at law and in equity. In Civil Practice. The stating in a logical and legal form the facts which constitute the plaintiff’s cause of action or the defendant’s ground of defense. It is the formal mode of alleging that on the record which constitutes the support or the defense of the party in evidence. 3 Term R. 159; Doug. 278; Comyn, Dig. “Pleader” (A); Bac. Abr. “Pleas and Pleading;” Comp. 682. Pleading is used to denote the act of making the pleadings. In Criminal Practice. The rules of pleading are the same as in civil practice. There is, however, less liberty of amendment of the indictment. The order of the defendant’s pleading is as follows: First, to the jurisdiction; second, in abatement; third, special pleas in bar, as former jeopardy or pardon; fourth, the general issue. See, generally, Lawes, Chitty, Stephen, and Gould on Pleading; 3 Bl. Comm. 301 et seq., and notes; Co. Litt. 303; Comyn, Dig. “Pleader;” Bac. Abr. “Plea and Pleading.”
Pleading in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Pleading | Pleading in the World Legal Encyclopedia. |
| Pleading | Pleading in the European Legal Encyclopedia. |
| Pleading | Pleading in the Asian Legal Encyclopedia. |
| Pleading | Pleading in the UK Legal Encyclopedia. |
| Pleading | Pleading in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Pleading
Scan Pleading in the appropriate area of law:
| Link | Description |
|---|---|
| Pleading | Pleading in the Family Law Portal of the American Encyclopedia of Law. |
| Pleading | Pleading in the IP Portal of the American Encyclopedia of Law. |
| Pleading | Pleading in the Commercial Law Portal of the American Encyclopedia of Law. |
| Pleading | Pleading in the Criminal Law Portal of the American Encyclopedia of Law. |
| Pleading | Pleading in the Antritrust Portal of the American Encyclopedia of Law. |
| Pleading | Pleading in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Pleading | Pleading in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Pleading | Pleading in the Tax Law Portal of the American Encyclopedia of Law. |
| Pleading | Pleading in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Pleading | Pleading in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Pleading | Pleading in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Pleading | Pleading in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Pleading in the Dictionaries | Pleading in our legal dictionaries |
| http://lawi.us/pleading | The URI of Pleading (more about URIs) |
| Pleading related entries | Find related entries of Pleading |
Legal Issue for Attorneys
In Chancery Practice’. Consists in making the formal written allegations or statements of the respective parties on the record to maintain the suit, or to defeat it, of which, when contested in matters of fact, they propose to offer proofs, and in matters of law to offer arguments to the court. Story, Eq. PI. § 4, note. The substantial object of pleading is the same, but the forms and rules of pleading are very different, at law and in equity. In Civil Practice. The stating in a logical and legal form the facts which constitute the plaintiff’s cause of action or the defendant’s ground of defense. It is the formal mode of alleging that on the record which constitutes the support or the defense of the party in evidence. 3 Term R. 159; Doug. 278; Comyn, Dig. “Pleader” (A); Bac. Abr. “Pleas and Pleading;” Comp. 682. Pleading is used to denote the act of making the pleadings. In Criminal Practice. The rules of pleading are the same as in civil practice. There is, however, less liberty of amendment of the indictment. The order of the defendant’s pleading is as follows: First, to the jurisdiction; second, in abatement; third, special pleas in bar, as former jeopardy or pardon; fourth, the general issue. See, generally, Lawes, Chitty, Stephen, and Gould on Pleading; 3 Bl. Comm. 301 et seq., and notes; Co. Litt. 303; Comyn, Dig. “Pleader;” Bac. Abr. “Plea and Pleading.”
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Notice
This definition of Pleading Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Tactics and Strategy of Pleading
This section examines the Tactics and Strategy of Pleading subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Meaning of Pleading
In plain or simple terms, Pleading means: The formal allegations by the parties of their respective claims and defenses.
American Jurisprudence Pleading and Practice Forms Annotated–Land Use and Zoning Practice Database
This is a database related to interests in and transfers of real estate, in the following material: General Treatises, Forms, and Practice Guides. A description of this real estate database is provided below:
Forms from American Jurisprudence Pleading and Practice Forms Annotated, including those you can use in administrative proceedings and civil litigation concerning the validity, construction, effect, and enforcement of zoning ordinances and regulations and decisions of zoning and planning boards, including issuance or denial of building permits and plats; determining the proper application and effect of regulations; and challenging the validity of zoning ordinances.
Further information on United States legal research databases, including real property databases, are provided following the former link.
Resources
See Also
Civil Procedure.
Further Reading (Articles)
Pleading Rules in Antitrust Cases: A Return to Fact Pleading?, The Review of Litigation; January 1, 2002; Cavanagh, Edward
Blurring the Lines between Pleading Doctrines: The Enhanced Rule 8(a)(2) Plausibility Pleading Standard Converges with the Heightened Fraud Pleading Standards under Rule 9(b) and the PSLRA, The Review of Litigation; October 1, 2010; Steinberg, Marc I. Gomez-Cornejo, Diego E.
Rational Pleading in the Modern World of Civil Litigation: The Lessons and Public Policy Benefits of Twombly and Iqbal, Harvard Journal of Law & Public Policy; June 22, 2010; Schwartz, Victor E. Appel, Christopher E.
Plausibly Pleading Employment Discrimination, William and Mary Law Review; April 1, 2011; Sullivan, Charles A.
Heightened
Pleading, Texas Law Review; December 1, 2002; Fairman, Christopher M.
Pleading Scienter Under the Federal Securities Laws: What Creates a Strong Inference of Fraudulent Intent?, Mondaq Business Briefing; February 14, 2002; Jacobs, Margaret A. Siciliano, Karen E. Glickman, Alan R.
RATIONAL PLEADING IN THE MODERN WORLD OF CIVIL LITIGATION: THE LESSONS AND PUBLIC POLICY BENEFITS OF TWOMBL Y AND IQBAL, Harvard Journal of Law & Public Policy; July 1, 2010; Schwartz, Victor E Appel, Christopher E
Pleading Standards For Inequitable Conduct – Did Therasense Change The Rules?, Mondaq Business Briefing; January 16, 2012
Pleading as Information-Forcing, Law and Contemporary Problems; January 1, 2012; Reinert, Alexander A.
The Pleading Problem, Stanford Law Review; May 1, 2010; Steinman, Adam N.
Understanding pleading doctrine., Michigan Law Review; October 1, 2009; Spencer, A. Benjamin
New pleading, new discovery., Michigan Law Review; October 1, 2010; Dodson, Scott
The Puzzling Persistence of Pleading Practice, Texas Law Review; June 1, 1998; Marcus, Richard L.
Attacking Rule 137 sanctions motions as pleadings: is a Rule 137 motion for sanctions a “pleading” that can be attacked as such under Illinois law? If so, that’s good news for respondents. The authors argue “yes” despite conflicting case law and offer pointers about how to use pleading rules to attack sanctions motions., Illinois Bar Journal; April 1, 2010; Schwartz, Andrew R. Kanyock, Thomas J.
Pleading with Congress to resist the urge to overrule Twombly and Iqbal., Michigan Law Review; December 1, 2010; Huston, Michael R.
The After-Shocks of Twombly: Will We “Notice” Pleading Changes?, St. John’s Law Review; July 1, 2008; Ward, Ettie
California Court of Appeal Harmonizes State and Federal Pleading Requirements for Summary Judgment., Mondaq Business Briefing; April 10, 2009
Motions to strike sham pleadings and summary judgment motions: is there a difference?(Trial Lawyers Forum), Florida Bar Journal; October 1, 2003; Santini, Sean R.
The Evolving Twombly And Iqbal Federal Pleading Standard., Mondaq Business Briefing; April 5, 2011
WIRELESS TELECOMMUNICATIONS BUREAU ENHANCES COMMISSION’S UNIVERSAL LICENSING SYSTEM TO IMPLEMENT ELECTRONIC FILING FOR PLEADINGS, US Fed News Service, Including US State News; January 20, 2006
Pleading in the context of Juvenile and Family Law
Definition ofPleading, published by the National Council of Juvenile and Family Court Judges: Any one of the formal written statements of accusation or defense in an action at law.
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