A Civil Actionstarring John Travolta, Robert Duvall, John Lithgow, William H. Macy. |
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Movie quote by John Travolta, as attorney Jan Schlichtmann: “Lawsuits are war, it's as simple as that, and they begin the same way, with the declaration of war:" "The Complaint." John Travolta, as attorney Jan Schlichtmann continues...... |
"When you're a small firm and their a big one steeped in history and wealth like they always are, with their Persian carpets on the floor and their Harvard diplomas hanging on the walls, It's easy to be intimidated, don't, that's what they want, that's what they expect, like all bullies that's how they win, I don't run away from bullies.” |
The Pleadings Stage of the lawsuit
The Pleadings are the initial formal documents filed with the court. Pleadings state the positions of the parties in a lawsuit. Common pre-trial pleadings include the complaint, answer, reply and counterclaim.
So the Illegally Targeted Person (ITP) that is the plaintiff, as far as writing the documents, is generally concerned only with the most important pleading in a civil case “The Complaint” which sets out the plaintiff’s version of the facts, specifying the damages. A complaint frames the issues of a case. It includes distinct statements of the plaintiff’s cause of action referred to as “counts.” Counts in a complaint highlight the factual and legal basis of a suit.
The Answer is a statement by the defendant explaining why the plaintiff should not prevail. Moreover, an answer may offer additional facts, or plead an excuse. Any party in the case may file a reply to new allegations raised in the pleadings. The defendant may also file a counterclaim asserting that the plaintiff has injured the defendant and should pay damages. The counterclaim may be filed separately or as part of the answer. However, the plaintiff must be given the opportunity to respond by filing a reply to the counterclaim.
So the Illegally Targeted Person (ITP) that is the plaintiff, as far as writing the documents, is generally concerned only with the most important pleading in a civil case “The Complaint” which sets out the plaintiff’s version of the facts, specifying the damages. A complaint frames the issues of a case. It includes distinct statements of the plaintiff’s cause of action referred to as “counts.” Counts in a complaint highlight the factual and legal basis of a suit.
The Answer is a statement by the defendant explaining why the plaintiff should not prevail. Moreover, an answer may offer additional facts, or plead an excuse. Any party in the case may file a reply to new allegations raised in the pleadings. The defendant may also file a counterclaim asserting that the plaintiff has injured the defendant and should pay damages. The counterclaim may be filed separately or as part of the answer. However, the plaintiff must be given the opportunity to respond by filing a reply to the counterclaim.
Pleadings Overview - The Complaint
COVER PAGE
NOW COMES PLAINTIFF John Madatyou with his Complaint and alleges information and states as follows:
I. INTRODUCTION
II. THE PARTIES
III. JURISDICTION AND VENUE
IV. STATEMENT OF FACTS
V. FIRST CAUSE OF ACTION (and name it)
VI. SECOND CAUSE OF ACTION (and name it)
VII. CAUSE OF ACTION (if more)
WHEREFORE, Plaintiff prays for judgment as follows:
ON THE FIRST CAUSE OF ACTION
2. For preliminary and permanent injunctive relief prohibiting and enjoining each of the Defendants from further damage of Plaintiff’s possessions.
ON ALL CAUSES OF ACTION:
3. For reasonable costs incurred to the extent available by law;
4. For such other and further relief as the Court may deem just and proper.
DEMAND FOR JURY TRIAL
DATED: _____________________________
John Madatyou
Plaintiff in Propria Persona
NOW COMES PLAINTIFF John Madatyou with his Complaint and alleges information and states as follows:
I. INTRODUCTION
II. THE PARTIES
III. JURISDICTION AND VENUE
IV. STATEMENT OF FACTS
V. FIRST CAUSE OF ACTION (and name it)
VI. SECOND CAUSE OF ACTION (and name it)
VII. CAUSE OF ACTION (if more)
WHEREFORE, Plaintiff prays for judgment as follows:
ON THE FIRST CAUSE OF ACTION
- For compensatory, general, special, and consequential damages against Defendants, and
2. For preliminary and permanent injunctive relief prohibiting and enjoining each of the Defendants from further damage of Plaintiff’s possessions.
ON ALL CAUSES OF ACTION:
3. For reasonable costs incurred to the extent available by law;
4. For such other and further relief as the Court may deem just and proper.
DEMAND FOR JURY TRIAL
DATED: _____________________________
John Madatyou
Plaintiff in Propria Persona