Also known as: plead · pleads · pleaded · pleadings · pleader · civil pleading
Written by attorneys · grounded in primary & secondary sources — see below
A formal document filed in a legal proceeding that sets forth or responds to allegations, claims, denials, or defenses. The document must satisfy formatting, signature, and content requirements imposed by court rules or statutes. Failure to meet these requirements can result in striking the document or dismissal of claims.
Philip Powell filed a complaint against Premier Manufacturing alleging breach of contract but omitted his attorney's signature and contact information. The court notified counsel of the defect. Because the omission was not promptly corrected, the court struck the complaint under the applicable signing rule.
Perry Pratt sued Peak Performance for employment discrimination, alleging only that the company acted with discriminatory intent without supporting facts. The court disregarded the conclusory statements and found the remaining allegations insufficient to make the claim plausible. The complaint was dismissed for failure to satisfy the pleading standard.
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Pedro Pacheco, sued in state court by Prosperity Investments, filed a notice of removal in federal district court within thirty days of service. The notice contained a short statement of diversity grounds and attached copies of all process and pleadings served on him. The federal court accepted the filing as properly executed under the removal statute.
Pablo Perez, a member of Pacific Bank LLC, sued the managing member for lost distributions after the manager diverted funds to an affiliate. Perez's complaint alleged only harm shared by all members and failed to plead any distinct personal injury. The court dismissed the direct action for lack of the required individualized harm.
Pierce Patterson received pleadings from Prosperity Investments that expressly identified a lost contract as a subject of proof at trial. Patterson controlled the original but failed to produce it. The court permitted secondary evidence of the contract's content under the best-evidence exception.
Priya Prasad filed a petition for child support directly in a tribunal of State B, which had personal jurisdiction over the respondent. The petition initiated proceedings under the uniform act without first routing through an initiating tribunal in her home state. The responding tribunal accepted the filing and set a hearing.
The court must strike the unsigned paper unless the omission is promptly corrected after notice. This rule applies to complaints, motions, and other papers filed in federal court.
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Courts disregard conclusory allegations and assess whether the remaining factual allegations make the claim plausible rather than merely possible. A complaint that fails this test is subject to dismissal.
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The notice must include a short and plain statement of the grounds for removal, be signed under Rule 11, and attach copies of all process, pleadings, and orders served on the defendant.
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A member must plead and prove an actual or threatened injury that is not solely the result of harm to the LLC itself. Shared injuries require a derivative action instead.
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Pleadings that identify an original document as a subject of proof at trial can trigger the exception allowing secondary evidence when the opposing party controls the original and fails to produce it.
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…essentially the same as those of Roe, and they attack the same statutes. Nevertheless, we briefly note the Does' posture. Their pleadings present them as a childless married couple, the woman not being pregnant, who have no desire to have children at this time because of their having received medical advice that Mrs. Doe…