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Pleading

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In legal systems following the English model, a pleading is a formal written statement. It records a party's specific claims or their defenses in a civil action. A civil action is a legal case between private parties rather than a criminal case. These documents are vital because they define the issues to be adjudicated. Adjudication is the formal process where a court makes a legal judgment. By reading the pleadings, a judge knows exactly what the disagreement is about. Without these clear statements, the court could not provide a fair resolution.

The pleading process follows a specific sequence of steps. A lawsuit begins when a plaintiff files a complaint. This document contains allegations of fact that create a legal cause of action. It also includes a prayer for relief, which asks the court for a specific remedy. In some settings, this is called a petition. In England and Wales, the first document is a Claim Form. This form sets out the nature of the action and the relief sought. The claimant may also provide Particulars of Claim within 14 days to explain the facts in more detail.

Once a complaint is filed, the defendant must respond. The defendant files an answer to admit or deny the allegations. In England and Wales, this response is called a Defence. A defendant might also file a cross-complaint against another defendant. They can also use a process called impleader to bring third parties into the case. Another option is a counter-claim, which allows the defendant to raise their own claims against the plaintiff. These various documents ensure that all sides of the dispute are documented.

Historically, the common law system in England was extremely complex. Early on, the system focused more on the form of action than the actual cause of action. This was due to the Provisions of Oxford, which limited how the writ system could evolve. Lawyers often used "legal fictions" to make claims fit into old, rigid categories. A famous remnant of this era is the name "John Doe," used for unknown parties. In the 19th century, the process involved many rounds of documents. A case might move from a complaint to a replication, then a rejoinder, a surrejoinder, a rebutter, and finally a surrebutter. This made it very difficult for a new judge to understand the actual controversy.

To simplify this, many areas moved toward code pleading. This began in New York in 1850 and California in 1851. It eventually spread to 26 other states. Code pleading aimed to unify law and equity into one system. It shifted the focus from the correct procedure to the substantive right being enforced. This system required parties to plead "ultimate facts." This means they had to allege specific facts that would prove every element of their claim. This change drastically shortened the process by removing the many layers of old common law documents.

In the United States, notice pleading is now the dominant form. This system was established by the Federal Rules of Civil Procedure in 1938. The goal was to relax the strict requirements of code pleading. However, different states still use different methods. For example, Louisiana uses fact pleading, which is influenced by Spanish and French civil law. In Louisiana, a person only needs to plead the facts that create a cause of action. Other states like Connecticut, New Jersey, and Illinois also use versions of fact pleading. These variations show how different legal traditions shape how people communicate in court.

Even the language used in pleadings can vary. There is a long-standing debate over the past tense of the word plead. Some lawyers use "pleaded," while others use "pled." While "pled" is common in American and Canadian publications, the AP and Chicago stylebooks prefer "pleaded." In a 2010 search of the Westlaw database, "pled" was used in a narrow majority of cases. However, the US Supreme Court has used "pleaded" in over 3,000 opinions and "pled" in only 26. This demonstrates how even small linguistic choices can be significant in the legal profession.

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