What are Pleadings?

Pleadings are formal written documents that are filed with the court as part of
a civil lawsuit. Pleadings become part of the case file, and which means they
are a public record unless ordered sealed by the court.

The court's procedural rules tell you what needs to be included in a pleading,
how it should look, where it should be filed, whether there are any filing fees,
and so on. Usually, no matter the jurisdiction, a pleading must contain the
name of the court, the title of the lawsuit (known as the "caption") and the
docket number, if one has been assigned.

Let's take a closer look at some of the most common pleadings that will be
filed by the various parties in a civil lawsuit.

Complaint

A lawsuit begins when a plaintiff (the party suing) files a complaint against
a defendant (the party being sued.) The complaint (sometimes called a
"petition") is a written statement of the plaintiff's case, usually broken up into
separate claims (called "causes of action"). The plaintiff states his or her
version of the facts -- what the defendant allegedly did or failed to do -- and
asks the court to order some kind of relief (money damages as compensation
for any loss, for example).

In some kinds of civil cases, the complaint may be filed on a pre-printed form,
so that the plaintiff checks boxes and adds a few details here and there.

For more information on what a complaint looks like (in the context of a
personal injury lawsuit), see What is Included in a Personal Injury Complaint?

Answer

The answer is the defendant's written response to the plaintiff's complaint. In

the answer, the defendant responds (usually very briefly) to the facts and
allegations contained in the complaint. The defendant also pleads
any affirmative defense (anything that would excuse the defendant's liability
or bar the plaintiff's suit).
For example, if the plaintiff failed to comply with the lawsuit filing deadline (set
by a law called a "statute of limitations") and tried to file the complaint after the
deadline had already passed, the defendant would raise this point in his or her
answer, and ask the court to dismiss the lawsuit.

Counterclaim

If the defendant asserts his or her own harm as part of the same incident or
transaction that gave rise to the lawsuit, the defendant can file a counterclaim
against the plaintiff. For example, if the plaintiff sues you for damages
resulting from a car accident, but you believe the plaintiff actually caused the
accident (and that the plaintiff is therefore responsible for your resulting
injuries) you would file a counterclaim against the plaintiff.

Cross-claim

A cross-claim is made by one co-party against another, meaning that a party

on one side of the lawsuit makes a claim against a party on the same side. So
here, a plaintiff sues another plaintiff within the larger case, or one defendant
sues another.

Amended Pleadings

The court can give either party permission to file an amended pleading, which
simply changes or expands on information provided in the original version of
the document (an amended complaint might contain allegations not included
in the original, and an amended answer might include affirmative defense not
previously raised, for example).

Pre-Trial Motions

A motion is a procedural tool in which one party asks the judge to make a
ruling or order on a legal issue. Evidentiary motions set the rules for trial in
terms of what can or cannot be considered by the jury. Motions to dismiss
and motions for summary judgment are two more common pre-trial motions.
In a motion to dismiss, the defendant asks the court to throw out the lawsuit
because the plaintiff is not entitled to any legal relief. Either party can file a
motion for summary judgment, which asks the court to decide the case on the
merits prior to trial because there are no disputed facts.
Motions after Trial

The losing party can file a motion for a new trial, claiming there were legal
errors that harmed the losing party's position. The losing party can also file a
motion for judgment notwithstanding the verdict, arguing that the evidence
cannot possibly support the jury's verdict. Motions like these are very rarely
granted, because the moving party has a very difficult burden of proof to
overcome.