Pleading Forms 101
Pleading forms are an important part of practicing law, regardless if you are a paralegal, attorney or professor. What are pleading forms? They are nothing more than forms that a plaintiff or defendants’ counsel use to plead against the opposing counsel. From a practical point of view they are very useful for a few reasons. First they save time. For example , instead of drafting a complaint from scratch with each case you would simply fill in the blanks of a standard form complaint based on the type of case you are handling and the names of the parties. These standard pleadings will change a word here or there and put them in the proper format. This will also help you be certain that you did not forget anything that was needed or leave off anything that you didn’t think of.
Secondly having standard pleading forms will allow you to have a system that you can set up to handle claims based on the work product of the last case or two you handled. After you have used the pleading forms for a while you will have a good idea of what works and what doesn’t because you will have used them several times. You may update the forms or cross out the stuff you don’t need as much and add things that you do need.
Usually the pleading forms will have a caption at the top that contains the name of the court where the case is to be filed. It will also have a place for a number. The number will be assigned by the clerk’s office and is called the case number. The caption will have the names of the parties to the suit and the format will change depending on if you are stating the claim of the plaintiff or that of the defendant. Pleading forms also have a place for you to include the jurisdiction of the parties. You may also see the docket number in this area.
Different Types of Pleading Forms
Pleading forms are available in a variety of types, including civil, criminal, and family law pleading forms. Within the umbrella of civil pleading forms, there can be civil court pleading forms for small claims, alternative dispute resolution, civil lawsuits, financial elder abuse lawsuits, and more. In addition to civil pleading forms and criminal pleading forms, there are also family law pleadings forms that include pleadings for child support, child custody, spouse support (aka alimony), divorce, legal separation, and domestic abuse restraining orders. The local court often provides specialized pleading forms for additional situations, such as guardianship, conservatorship, and probate cases.
A civil court pleading form may start with a caption listing the names of the parties and the Court such as "SUPRME COURT OF CALIFORNIA, COUNTY OF SANDY. SAN DIEGO DIVISION. ANN JONES, Plaintiff, v. JOE SMITH, Defendant." The party filing the pleading may sign the pleading at the bottom as the "PLAINTIFF or DEFENDANT IN PRO PER" or "PLAINTIFF OR DEFENDANT BY AND THROUGH COUNSEL." Sometimes, a specific headings is used such as "TO THE JUDGE AND CLERK OF THE ABOVE-ENTITLED COURT," or "TO THE CLERK OF THE COURT AND ALL PARTIES IN INTEREST:,"
Once the proper headings are established, the body of the pleading itself usually has a section that describes and alludes to the legal grounds for the claims and a section that sets out the specific facts related to the subject of the pleading. California court and court pleading forms ask that the party making the allegations "state in ordinary and concise language the ultimate facts on which the party pleading relies."
Every California judicial council pleading form has at least one court form associated with it that is known as the CIVIL CASE COVER SHEET. A CIVIL CASE COVER SHEET is provided with every new case filing, but it is not required with subsequent filings or cross-complaints. There are 18 different CIVIL CASE COVER SHEETS. There are also 12 Judicial Council forms for FAMILY LAW CASES.
How to Fill Out a Pleading Form
Pleading forms often require personal details about the parties, including contact information, to be added at the top of the form. The representing party also has to indicate whether it has retained a lawyer to represent them in the matter. If so, they will have to list the attorney’s information and the attorney’s bar number (see our article on The Florida Bar Number) on the form. But you can’t hire an attorney for yourself and still complete the pleading form with your own information. You must list the attorney’s information, including email address and fax number if applicable.
The pleading form will also require that the representing party indicate where he or she is located (a resident of the county where the action is pending) with their address. This is required of a party even if the party is represented by an attorney—the attorney’s address alone is not sufficient. If a party is a corporation or other business entity, the entity must complete the form as well, listing its address and identifying its president or CEO. Lesser corporate officers, such as vice presidents, secretaries, and treasurers, may sign the pleadings, though as mentioned above there are some restrictions.
After including the jurisdictional allegations (discussed above), the petitioner must include a caption denoting the type of action, court, and case number in such format as the court may require. It must also indicate the district court of appeal where the petition is to be filed and provide a brief title description of the petition filed. Well… you get the idea. Pleadings form soap opera-like in their unnecessary drama (like that).
Common Errors to Watch For
Most attorneys who do litigation would agree that mastering how to complete a pleading form is the most difficult task they face. It is probably the most important task as well, as a well-pled complaint or answer can set the stage for the entire case. I’ve seen many a case dismissed because of failure to properly server a defendant with the complaint – and then the case is over before it begins. Failure to comply with the directions on the form is the most common mistake. For example, many of the forms say you must list the defendants as they appear in their names on the police report or the DMV accident report. However, many attorneys will abbreviate the forms as they are listed on the accident report – The City of North Bay then becomes The City. Or the attorney will place the wrong address, such as The City of Bay North on the "to" line instead of North Bay, the actual city name. Most of us are litigators – that is what we do – but in this case it ends up being a clerical error because you are not following the instructions on the form. One way to safeguard against this is to cross reference the names and addresses on the form with the specific report or document that has the correct names and address. I’ve had some cases where the plaintiff decided to add additional parties to the case – and in one case the plaintiff added four new parties on the date of a status conference! I have to admit , at a cost of roughly $500 for filing a motion to quash and an order to show cause, that tactic works well. At least I get to charge something for all of the work I put into having to appear in front of a judge to relatively quickly obtain yet another order with no hearing. Another common mistake is to not list the parties who need to be named in $25 million plus directors and officers insurance case. Yes, I had a $25 million plus D&O case a few years ago that ended that way. I moved to amend to add the correct parties, which was granted, and then moved to have the order and the amended complaint served by publication. When that was granted, I published in the Orange County Register because there were parties in the case who lived there. No kidding! It may sound like I’m being flippant about it, but I take great pride in listing all of the proper parties and taking great care in ensuring that all of the steps are followed. Are there mistakes made with the forms? Of course, but if you simply read the directions on the form you will probably avoid making the majority of the clerical errors that could get the form rejected by the court or dismissed by the judge.
Where to Access Pleading Forms
For most lawyers, a complete Iowa civil rules pleading file can be a wonderful tool. Even if you have never handled the type of case before, having a couple of examples to use as guidelines can be incredibly helpful.
Frankly, there are many online resources to help. The Iowa Court’s website has forms for virtually every pleading. But those forms, like most of the forms that are on the state court’s website, are basic. Even the case management order — which is updated frequently as rules are changed and re-interpreted, is simple. Some of the forms are a little out of date, some cut corners littered throughout, others use their own corporate numbering or arrangement.
Aside from the forms on the Iowa Court’s website, there are a number of other online resources. For example, some civil litigators (particularly commercial litigators) organizations have websites with online pleadings resources.
The best resource for pleadings is your local courthouse. Unfortunately, you usually cannot access the pleadings filed in a case online, and you often cannot request electronic discovery. But you can go to the clerk’s office to review pleadings. In some of the larger counties, the main clerk has begun to keep copies of the pleadings sent to the court that are less than a year old. Otherwise, you will need to ask for the files from the separate clerk of courts office. If you tell them what you are looking for (for example, what are the elements for a specific piece of litigation) they can usually provide you with a number of pleadings from that file.
There is also a wealth of resources located at the State Law Library. The State Law Library is located on the second floor of the State Capitol Building. There is a librarian always at the ready to answer any questions you may have about where information is located. You can also access the library’s extensive database from anywhere in Iowa. Finally, an online resource, Public Law Library provides e-access to the Iowa Code, Iowa Court Rules, and Iowa administrative code.
The Importance of Pleading Forms
As mundane and basic as they may seem, pleading forms serve a critical role in legal strategy and may be the deciding factor in the outcome of a case. The importance of using these forms cannot be overstated.
Firstly, pleading forms are a means of providing structure to the litigation process, ensuring that both the court and the parties clearly understand the issues, the allegations, and the relief sought. A well-answered pleading can place a positive spin on the issues, allowing the responding party to steer the litigation in a direction that favors their client, while an improperly completed pleading, or failure to complete the appropriate pleading form entirely, may severely undermine the pleader’s position . Failure to file an Answer or any other pleading may result in a Default being entered against the pleader, while an Answer which contains denials of allegations that can’t be denied, or which fails to state an affirmative defense where one exists, may result in an Invincible Defense or Motion for Summary Judgment being entered against the pleader.
As if that wasn’t bad enough, pleading forms may also encourage the responding party to state facts, law, and information which may be subsequently used against them. The responding party is typically required to plead or admit certain facts and theories of law that will be used against them by the moving party during the course of the litigation. That’s why it’s so important to take care to properly, fully, and completely understand the pleadings and forms you are signing and submitting in a court proceeding.