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Glossary
Pleadings and Motions
Pleadings terms within pleadings and motions.
pleadings-and-motions
An ad damnum clause states the specific dollar amount of damages a plaintiff seeks.
An amended complaint replaces the original, adding or modifying claims, parties, or allegations.
An amended pleading modifies a prior pleading, permitted as of right within a period and thereafter by consent or leave.
An answer is the defendant's formal response to a complaint, admitting or denying each allegation and asserting any affirmative defenses.
A complaint is the initial pleading that starts a civil lawsuit, stating the court's jurisdiction, the plaintiff's claims, and the relief sought.
A counterclaim is a claim asserted by a defendant against the plaintiff in the same action.
A crossclaim is a claim asserted against a co-party arising from the same transaction as the original action.
Fact pleading requires a complaint to allege the specific facts constituting the cause of action.
A general denial contests every allegation in a pleading with a single denial rather than responding paragraph by paragraph.
A heightened pleading standard requires particularized allegations for specific claims such as fraud and mistake.
Impleader is the procedure by which a defendant brings a third party into the action on a derivative liability theory.
A John Doe defendant is a placeholder for an unidentified party, named to preserve claims pending identification.
Leave to amend is court permission to modify a pleading after the period for amendment as of right has passed.
A master complaint consolidates common allegations in coordinated proceedings, adopted by individual plaintiffs through short form filings.
Notice pleading requires only a short and plain statement showing entitlement to relief, without detailed factual allegations.
The plausibility standard requires a complaint to plead enough facts to state a claim to relief that is plausible on its face, not merely conceivable.
The prayer for relief is the closing section of a complaint stating what remedies the plaintiff seeks.
Relation back treats an amended pleading as filed on the date of the original, preserving claims against a limitations defense.
A reply to counterclaim is the plaintiff's responsive pleading answering a defendant's counterclaim.
Service of process is the formal delivery of the summons and complaint that establishes the court's authority over a defendant.
A short form complaint is an abbreviated filing by which an individual plaintiff adopts a master complaint and states case-specific facts.
A shotgun pleading is one whose structure makes it impossible to determine which allegations support which claims.
A specific denial responds to individual allegations, admitting, denying, or stating insufficient knowledge as to each.
A summons is the court-issued document notifying a defendant of the action and the deadline to respond.
A third-party complaint brings a new party into the action who may be liable to the defendant for the plaintiff's claim.
A verified complaint is sworn to by the plaintiff, attesting under oath to the truth of its allegations.
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