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Legal Definitions - Pleading
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Definition of Pleading
Pleading is the first step in a lawsuit where both parties formally present their claims and defenses.
The plaintiff submits a complaint stating the reason for the lawsuit. The defendant submits an answer stating their defenses and denials. The defendant may also submit a counterclaim stating a cause of action against the plaintiff.
Pleadings provide notice to both parties about the lawsuit and the other party's intentions.
Pleadings are part of a larger category of procedural rules. In state court, pleadings are generally governed by state procedural rules. In federal court, pleadings are generally governed by the Federal Rules of Civil Procedure.
For example, if someone sues their neighbor for damaging their property, the plaintiff would submit a complaint stating the reason for the lawsuit. The neighbor would then submit an answer stating their defenses and denials. If the neighbor also believes the plaintiff damaged their property, they may submit a counterclaim against the plaintiff.
Another example would be if a company sues another company for breach of contract. The plaintiff would submit a complaint stating the reason for the lawsuit. The defendant would then submit an answer stating their defenses and denials. If the defendant believes the plaintiff also breached the contract, they may submit a counterclaim against the plaintiff.
These examples illustrate how both parties formally present their claims and defenses in the beginning stage of a lawsuit.
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Simple Definition
Pleading is the first step in a lawsuit where both parties tell their side of the story. The person who starts the lawsuit (called the plaintiff) explains what they think the other person did wrong. The other person (called the defendant) then explains why they don't think they did anything wrong. This helps both sides understand what the other is thinking and prepares them for the rest of the lawsuit.
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