Questions tagged [pleadings]

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Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?

In Westenbroek v. Kappa Kappa Gamma Fraternity (2023), filed in the Wyoming District of U.S. court, the plaintiffs are seven women, members of Kappa Kappa Gamma sorority at University of Wyoming, ...
Mark Dominus's user avatar
1 vote
0 answers
63 views

How to effectively communicate a message was sent via email in a complaint

Question: Is there prose that is more effective to rebut the Defendant's claim of not receiving a message? IANAL and would like to understand how to effectively communicate to the Authority (judges, ...
gatorback's user avatar
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1 vote
1 answer
59 views

Is a request to dismiss a motion the same as requesting denial of the motion?

Given the statement: Defendant respectfully move this Honorable Court to deny and dismiss Plaintiffs motion dated 1/1/20. If the goal is to ask the ajudicating authority to not perform opposing ...
gatorback's user avatar
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1 vote
1 answer
586 views

How can you reference a fictitious business on the front page of a complaint?

Say you are about to sue a bunch of people who fancy looking like a legitimate business, and they pop up stores all over the place. Turns out, the DBA they run by has zero connection to a corporation ...
Peter Kivanchi's user avatar
1 vote
0 answers
93 views

Are prayers for relief permitted and/or need to be set forth in a sort of hierarchy?

In cases when a plaintiff does not know based on what cause of action or in which prayer the court may or will order relief out of two or more that, in their practical effect, are the same, ...
kisspuska's user avatar
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1 vote
0 answers
106 views

In California, what claims may not state a dollar amount in a complaint or in its prayer?

Punitive damages may not be claimed as an exact dollar figure in a complaint or in the prayer since the middle '80's in California, and must be left to the jury. What other claims cannot be claimed as ...
smallball's user avatar
5 votes
0 answers
187 views

Does Israeli law provide for Habeas Corpus and can detained Palestinians raise a petition for it?

According to a CommonDreams.org article, "Palestinian Prisoner Hisham Abu Hawash Ends Hunger Strike After Deal With Israel" Palestinians and human rights defenders around the world on ...
Evan Carroll's user avatar
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1 vote
2 answers
90 views

How can a defendant in a criminal prosecution move a court in a way that no oral statements of the defendant be considered in its adjudication?

1.a Can you "plead the Fifth" (“Silence”) at the end of the sole written brief of a motion and stipulate that no waiver, express or implied, to Silence can be deemed valid or legal unless ...
kisspuska's user avatar
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2 votes
3 answers
127 views

Filing Civil Complaints at the Last Minute

I started working for a personal injury firm a few months ago and am responsible for filing civil lawsuits with the court. In most cases, we filed them right before the statute of limitations is about ...
Richard Prasad's user avatar
2 votes
1 answer
42 views

Do you make two or more different paragraphs, subdivisions or sections of a statute in the table of authorities separately or how do you go about it?

Say you want to list 3 sections of the same statute in the table of authorities in your pleading including §123 and §124 as well as §125(a) and §125(b); will you list them each or will you list one ...
kisspuska's user avatar
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1 vote
2 answers
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Can you use definitions for adverbs instead of nouns and personal nouns in a legal context?

Legal definitions where nouns and persons are defined are common place reality of legal writing. We also see often times events and conduct be subject to definitions, and be referred to by a shortened ...
kisspuska's user avatar
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0 votes
1 answer
103 views

Canonical format to present email evidence in a pleading (petition)

Defendant emails are to be presented in a pleading: conciseness is the key feature of the effective pleading. I am seeking canonical examples and elements of effective &concise pleadings. Is ...
gatorback's user avatar
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3 votes
0 answers
546 views

What does the phrase "...is well founded in fact and in law" mean?

I have a basic question that stems purely from curiosity. It might be important to mention that I am not a lawyer nor a student of law. I have read multiple pleadings in which some of them end with a ...
hisoka's user avatar
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