im



a claim by a defendant against a plaintiff in a lawsuit intending to off-set or reduce the amount of the plaintiff's original claim against the defendant Counterclaims did not exist at common law; they are an invention of modern civil procedure. Examples
Service of Process

Definition
the act of delivering legal documents (to a defendant) ★Typically, a summons must be served with a copy of the complaint upon the defendant. ★The plaintiff is responsible for having the summons and complaint served.
US Civil Procedure
The Pleading Stage
Complaint

General
A civil action is commenced by filing a complaint or petition with the court. ★The initial pleading in a civil lawsuit that seeks only money damages might be called (in most US courts) a complaint. ★The initial pleading in a lawsuit that seeks nonmonetary or equitable relief, such as a request for a writ of mandamus or habeas corpus, custody of a child, or probate of a will, is instead called a petition.

Cross claim


a claim by a defendant against a co-defendant previously named by the plaintiff It is a claim against a party on the same side of the lawsuit.

Complaint

What must be included in a complaint

parties jurisdiction and venue statement of facts—factual allegations cause(s) of action—legal claims request for relief Definition


Significance


Categories

assault battery intentional infliction of emotional distress invasion of privacy
Complaint



fraud slander negligence

Note

Pretrial Procedure
Discovery

Definition
The Defendant’s Response

Third-party complaint

a petition filed by a defendant against a third party (not presently a party to the suit) which alleges that the third party is liable for all or part of the damages the plaintiff may win from the defendant.

to give the defendant notice of the proceedings and to command him to respond to the complaint
The Defendant’s Response

Responsive pleading

Motion to dismiss (also called a demurrer)


Cause of action

the facts that give a person the right to seek judicial relief against another
Complaint

the legal theory forming the basis of a lawsuit The cause of action is the heart of a complaint. Without an adequately stated cause of action the plaintiff's case can be dismissed at the outset. contract-based actions torts


Affirmative defense



A plaintiff sues a person for battery because that person has broken his nose.
The Defendant’s Response
★In his pleading, the defendant claims that the statute of limitations period has passed since that happened three years ago.

Purpose

to let the judge and court clerk know what type of case is being brought by the parties, so that they can better prepare for the case to come to trial

suits in equity

unjust enrichment quantum meruit
The Civil Rights Acts allow persons who are discriminated against because of race, color, sex or religion to sue both state governments and private businesses for compensation and prevention of further discrimination.
The Defendant’s Response


A bank sues a customer for an unpaid debt, while the customer counterclaims against the bank for fraud in procuring the debt. Two cars collide. One person sues for damage to her car and personal injuries. The defendant counterclaims for similar property damage and personal injury claims.

statutory causes of action

Case Information Statement

General


A case information statement (or cover sheet) is a document which is filed with the court at the commencement of a civil lawsuit. It is generally filed along with the complaint. It provides information about the case:
A person sues someone for sticking his tongue out at him. A person sues a newspaper for publishing a true account of his divorce. ★In both cases, the defendant can file a motion to dismiss for failure to state a claim.


Functions

to establish the court’s personal jurisdiction over the defendant
Service of Process
★Without personal jurisdiction no valid judgment can be rendered against the defendant.
Amendment

General


A party may amend the pleading once as a matter of right if there has been no responsive pleading. If the opposing party has responded, leave of court or written consent of the other side is required. Frequently a party will amend the pleading to cure any deficiencies addressed by a motion to dismiss.