Pleadings and Motions
Pleadings
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 Confused with
Related terms
Frequently asked questions
What makes a pleading a shotgun pleading?
What is the practical benefit of the motion?
