Shotgun Pleading

Shotgun Pleading

Shotgun Pleading

Shotgun pleadings incorporate all preceding allegations into each count, assert multiple claims in a single count, fail to separate claims against different defendants, or include immaterial allegations obscuring the claims.

Courts require repleading.

Alternative Names:

Shotgun Complaint, Improper Pleading Structure

Why it Matters?

The Eleventh Circuit has developed this doctrine most fully and courts there dismiss with leave to replead as a matter of routine. The practical value to a defendant is that repleading forces the plaintiff to identify which allegations support which claims against which defendant, which frequently reveals that some counts lack supporting allegations entirely. It is a low-risk motion since dismissal is typically without prejudice.

Frequently asked questions

What makes a pleading a shotgun pleading?

What makes a pleading a shotgun pleading?

Incorporating all prior allegations into each count, combining multiple claims in one count, or failing to separate claims among defendants.

What is the practical benefit of the motion?

What is the practical benefit of the motion?

Repleading forces the plaintiff to match allegations to claims and defendants, which frequently reveals counts lacking support.