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What are the differences between indictment or information or complaint or citation or violation notice pleadings?
Ma9989009
See the below link - although it is in response to an entirely different question - it is an excellent and comprehensive answer to this question as well.
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What are made up of the complaint and the answer taken together?
Pleadings
What pleading can be filed by defendant?
pleadings filed by a defendant in a lawsuit is called written statement.
Do you need a cover page for your answer to a civil complaint?
That depends on the court in which the papers are being filed. The rules of that court will tell you what you need to do to file pleadings in a proper manner.
To start any Civil Litigation a particular Pleading is filed with the court and is almost always the first pleading found in the first volume of a Pleadings file What is it?
Complaint.
What is the Conley case?
The case was Conley vs Gibson decided by the Supreme Court in the 1950s. Black workers had been fired and replaced by whites. The blacks brought a lawsuit against their union claiming the union had done nothing to protect them. A lawsuit is initiated with what are called "pleadings." The union argued the black plaintiff's pleadings were not a complete enough statement of their complaint, so their lawsuit should be thrown out. The requirement for a pleading says it should be a "short and plain statement of the claim." The Court ruled that a thorough explanation of the particulars of a complaint was not required and the blacks pleadings met the requirement, thus ruled in favor of the plaintiff and against the union. NOTE: The current court has modified this ruling tightening the requirement for pleadings.
What are the pleadings filed by the plaintiff?
The defendant files an Answer to the Complaint. In the Answer, defendant responds to each allegation of the complaint, one by one, stating whether the defendant admits, denies or leaves plaintiff to his proofs as to each individual allegation. Also, a defendant might file a counter-claim, if defendant has an affirmative claim against plaintiff. A defendant might also file a cross-claim if defendant believes that some other person is responsible for plaintiff's damages.
What are two types of criminal accusatory pleadings that set forth criminal charges against a defendant?
[initial answer withdrawn by contributor in deference to the below answer]Corrected Answer:There are actually five "pleadings" by which criminal charges may be brought against potential defendants at least under the Federal Rules of Criminal Procedure. They are Indictment, Information, Complaint, Citation or Violation Notice. The two major ones are indictment and information.Federal Rule of Criminal Procedure 7(a)(1) requires an indictment in all cases involving felonies punishable by death or imprisonment of more than one year. This is in keeping with the Fifth Amendment of the United States Constitution.Fed. R. of Crim. Pro. Rule 7(c) permits charges to be brought by information in cases involving felonies punishable by imprisonment of more than one year, but ONLY IF the defendant waives the right to be prosecuted by indictment. The Rule does not permit prosecution by information of a felony punishable by death even if the potential defendant waives the right to indictment. Prosecution on information sometimes happens when a potential defendant knows that an indictment is inevitable and chooses to be spared the negativity of an indictment.Fed. R. of Crim. P.7 (a)(2) permits charges on offenses that are punishable by imprisonment of one year or less to be brought according to Fed. R. of Crim. P. 58(b)(1). This rule states that such offenses may be prosecuted by indictment, information or complaint. It further permits prosecution of petty disorderly offenses by citation or violation notice.An arraignment is not a "pleading" by which charges are brought. It is a judicial hearing where the charges are made known to the defendant who is then given the opportunity to plead guilty or not guilty.An arraignment is NOT a preliminary hearing. See F.R. of Crim. P. 10.A preliminary hearing is NOT a pleading by which charges are brought against a defendant. It is a judicial hearing where the government is required to present evidence to a court establishing a prima facie case for conviction. If the judge finds that sufficient evidence does not exist, the charges may be dismissed subject to being refiled within the applicable statute of limitations.The preliminary hearing is not required where the defendant waives the preliminary hearing or where charges have been brought by an indictment, an information charging a felony or misdemeanor or where the charge is a misdemeanor and the defendant consents to a trial before a magistrate judge.These are the rules pertaining to criminal procedure in the Federal courts. State court procedures will vary but most model their rules on the Federal Rules, therefore they will be somewhat similar.
How do you identify the issues in a case in which pleadings have not been filed?
If pleadings are filed in a case go to the pleadings and read about the causes of action involved to help establish the issues.
What are the three other pleading documents after a complaint?
The defendant files an Answer to the Complaint. If the defendant wants to make a claim against the plaintiff a Counterclaim may be filed as well. If there are several defendants and the defendant wants to make a claim against one of them, a Cross-claim is filed. If the defendant wants to make a claim against a person who is not named in the suit, a Third Party Complaint is filed. If the defendant files an Answer only, plaintiff is not required to file any further pleadings.
What is the difference between a legal motion and a pleading?
Pleadings are the formal allegations and responsives thereto, of parties in a lawsuit. Pleadings are usually filed to initiate a lawsuit (petition or complaint), and to file an official response, defense and any counterclaim (Answer, Reconventional Demand, Counter-claim). Motions are applications for orders from the court, usually made within the framework of a lawsuit (motion to compel discovery, motion to set trial date, motion for summary judgment).
What evidence do you need to submit to the court as a defense against false allegations?
Pleadings like the complaint and the answer are not evidence. The standard practice is to conduct what is called discovery. You can ask written questions about the facts to support the allegations of the complaint, demand documents and take the depositions of the witnesses. The plaintiff is not necessarily obligated to proceed at trial with all of the claims, but you can have the witnesses and documentary evidence available at trial to disprove the claims.
What evidence do you need to submit to the court as a defense against false allegations.?
Pleadings like the complaint and the answer are not evidence. The standard practice is to conduct what is called discovery. You can ask written questions about the facts to support the allegations of the complaint, demand documents and take the depositions of the witnesses. The plaintiff is not necessarily obligated to proceed at trial with all of the claims, but you can have the witnesses and documentary evidence available at trial to disprove the claims.
