Under U.S. law, pleading is the process of making formal allegations – either of facts or law – in a legal document such as a complaint or a motion. Pleading is used in civil and criminal actions to set forth the facts of a case and legal claims for relief.
The Role of Pleading in Civil Lawsuits
Under civil law, when one person files a lawsuit against another person, they are typically required to file a pleading setting forth their legal claim. This pleading serves as the plaintiff’s initial opportunity to outline the basis for the lawsuit, from the facts of the case to the legal remedy or damages they seek. After the complaint is filed, a defendant may respond with a pleading of their own, such as an answer or motion to dismiss. Subsequent pleadings in a civil case may include a motion for summary judgment, a motion to compel discovery, and more.
The Role of Pleading in Criminal Law
In criminal law, the defendant is typically charged with an offense via an indictment or an information. Then, the defendant is given the opportunity to enter a plea. Typically, a defendant may either plead guilty or not guilty. A defendant may also enter a plea of nolo contendere or no contest, which is essentially a plea of no contest that functions like a plea of guilty for the sake of adjudication, but cannot be used as an admission of guilt in any other proceeding.
The Impact of Pleading on Cases
Ultimately, the way pleadings are used can have a significant impact on a case. For example, if a plaintiff fails to properly plead their claim or demand certain forms of relief, they waive the right to pursue them later in the case. Similarly, if a defendant fails to raise a defense in their answer or motion, they may later be barred from doing so in subsequent pleadings. For this reason, it is critical that both parties understand the importance of properly pleading their claims and defenses.
Conclusion
In the legal system, pleadings play a crucial role in any case. For plaintiffs, it is important to properly plead their claims in order to demand the relief they seek. For defendants, it is important to respond in a timely manner and to assert all relevant defenses in order to prevent them from being waived or barred later on in the case. To ensure a successful result, it is important to understand the key role that pleading plays in any case.