Also known as: loquelas · pleading · declaration
Written by attorneys · grounded in primary & secondary sources — see below
Oral discussions between the parties to a lawsuit that lead to the formulation of the issue presented for decision. These discussions historically produced the pleadings that frame the controversy for the court.
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Leonard Lowe filed a complaint against Lattice Systems alleging breach of a software license. Before serving the document, his counsel reviewed the draft with opposing counsel during preliminary discussions that shaped the precise claims and defenses. The final version bore the attorney's signature, address, email, and telephone number as required. The court accepted the filing without striking it for any signature defect.
Leo Lynch sued Liberty Trust for securities fraud. Through successive exchanges of proposed allegations, the parties narrowed the complaint to specific statements and reliance facts. The final pleading contained enough concrete detail to state a plausible claim on its face. The district court denied the motion to dismiss.
Lily Lopez, served with a state-court complaint, conferred with counsel about the citizenship allegations and amount in controversy. Within thirty days of service she filed a notice of removal that recited the grounds and was signed pursuant to the applicable rule. The federal court accepted the notice as timely and assumed jurisdiction.
Liam Larson petitioned to probate a will. Luis Lopez contested it on grounds of undue influence. The parties exchanged preliminary statements that framed the issues of due execution and capacity. The proponent first presented prima facie proof of execution, after which the contestant bore the ultimate burden of persuasion on undue influence.
Layla Lane executed a written instrument declaring that she held specified investment accounts as trustee for her children. The document identified the property with particularity and was delivered to the beneficiaries. The trust was thereby created without any transfer to a third-party trustee.
Landmark Realty conveyed subdivided lots subject to a recorded declaration imposing architectural controls and maintenance obligations. The deed and declaration together established the servitudes that bound subsequent purchasers. Later owners could enforce the restrictions against one another.
It describes the oral discussions between litigants that produced the issue to be decided by the court. Those discussions are now embodied in the written pleadings.
Supporting sources
The term captures the process by which parties frame the controversy. Today that process occurs through signed pleadings that must satisfy rules such as Rule 11(a) and the plausibility standard.
Supporting sources
…interview with a solicitor and to be brought before a magistrate with all convenient speed so that he may, if so advised, emit a declaration in presence of his solicitor under conditions which safeguard him against prejudice." [^maj-60]: "No confession made to a police officer shall be proved as against a person accused of any…