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It is called either a "complaint" or a "petition". The nomenclature depends upon the jurisdiction and/or the underlying cause of action.
What else can I help you with?
What is an example of a pleading?
A pleading is defined as "Written statements of the parties in a civil case of their positions. In the (US federal courts), the principal pleadings are the complaint and the answer. The claim, answer, counterclaim, and/or third-party claim filed in an action. In plain English, a 'pleading' is the entire sum total of the body of the case. Instead of calling it "the case" it is referred to as the "pleading."
What is a responsive pleading?
A responsive pleading is one that responds to what another party has filed. An answer responds to a complaint. An opposition to a motion to dismiss responds to a motion to dismiss. An affidavit and reply must be filed to a motion to dismiss a case.
Is pleading a noun?
Yes the word pleading can be a noun as in a type of document filed in a lawsuit. Otherwise the word pleading is a verb and an adjective.
What is the first pleading of the plaintiff in a civil action?
This question is vague, because "pleading" means many things. It could be the actual document you file, or it could be a specific statement in that document that you plead. Assuming you want to know what the pleading is called, the answer depends on jurisdiction. In Federal courts, for example, the initial pleading of a plaintiff is called a "complaint." In states that closely follow the Federal Rules of Civil Procedure, the word complaint is usually used to describe this pleading. In other state courts, the initial pleading of the plaintiff is known as a "petition," as in a petition to the court for an award of damages. If the question more generally asks what "first pleading of the plaintiff in a civil action" means, you can understand it as the first document filed by the plaintiff that initiates a lawsuit. In it the plaintiff identifies himself and his opponents, the defendants; sets out why jurisdiction and venue are proper; lays out his cause(s) of action against those defendants; and describes the damages he seeks. Different jurisdictions have different requirements on how specific this needs to be.
What are the implications of pleading the fifth in civil cases?
Pleading the Fifth Amendment in civil cases can have implications because it may be seen as an admission of guilt or wrongdoing by the court or jury. This could potentially harm your case and credibility. It is important to consult with a lawyer to understand the potential consequences of invoking the Fifth Amendment in a civil case.
What would be filed in a claim of patent infringment?
Civil Case
Can a witness refuse to answer questions in a civil case by pleading the 5th Amendment?
Yes, a witness in a civil case can refuse to answer questions by invoking their Fifth Amendment right against self-incrimination.
What would be filed in a claim of patent infringement called?
Civil Case
What is the first paper filed in civil court?
When a lawsuit is initiated in civil court, the first paper submitted in the case is usually the Complaint (Petition). It gives the parties involved, explains the court'sÊjurisdiction in the matter, and gives the plaintiff's claims.Ê
What does motion to revoke first amended mean?
A motion to revoke a first amended refers to a legal process where one party is asking the court to invalidate or cancel a previously filed first amended document or pleading in a case. This motion is typically filed when there are legal errors or issues with the first amended document that need to be addressed by the court. If granted, the first amended document would no longer be considered part of the court record.
When a court has both civil and criminal jurisdiction what does this mean?
It means that that court can hear both criminal or civil cases. Either a criminal case can be filed and heard in that court, OR a civil case can be filed and heard in that court. For instance: most(all?) state circuit courts fit this description.
Is an affidavit a pleading?
No, an affidavit is not a pleading. A pleading is a formal written statement filed with a court by parties in a case, outlining their claims or defenses. An affidavit, on the other hand, is a written statement made under oath, typically used as evidence in court proceedings.
