Pleading FAQs:


Q: Is pleading a formal written statement of a party's claims or defenses to another party's claims in a civil action?

A: Yes.

Q: Was pleading criticized because many lawyers felt that it was too difficult to fully research all the facts needed to bring a complaint before one had even initiated the action?

A: Yes, and thus meritorious plaintiffs could not bring their complaints in time before the statute of limitations expired.

Q: Were pleadings stuffed full of awkward legal fictions that had little to do with the actual "real-world" facts of the case?

A: Yes.

Q: Was pleading terribly complex and slow by modern standards?

A: Yes.

Q: Was pleading the system of civil procedure used in England, which early on developed a strong emphasis on the form of action rather than the cause of action?

A: Yes, The emphasis was on procedure over substance.

Q: Is pleading the dominant form of pleading used in the United States today?

A: Yes.

Q: Is pleading legally adequate before the party must plead on the merits in response?

A: Yes.

Q: Were pleadings abolished?

A: Yes.

Q: Was pleading first introduced in 1850 in New York and in 1872 in California?

A: Yes, and eventually spread to 22 other states.

Q: Is pleading a Claim Form?

A: Yes, and issued under either Part 7 or Part 8 of the Civil Procedure Rules, which sets out the nature of the action and the relief sought, and may give brief particulars of the claim.

Q: Is pleading called a Defence?

A: Yes.