حقوق انجليزى

1. Pleadings
and Motions
‫أمام‬ ‫والطلبات‬ ‫العريضة‬
‫األمريكية‬ ‫المحاكم‬

2. A pleading is a formal written
statement filed with the court
by a party to a civil action.
Formal documents filed in a law suit that inform all parties of the basis of the claims
Why do you file up the case ?
Why do you sue someone ?

3. Pleadings can be
categorized
as complaints or answers
A party filing a complaint is
the complaining party, while
the other side is the
responding party.

4. The federal rules allow seven types of
pleadings
(1) a complaint
(2) an answer to a complaint
(3) an answer to a counterclaim designated
as a counterclaim
(4) an answer to a crossclaim
(5) a third-party complaint
(6) an answer to a third-party complaint-- and
(7) if the court orders one, a reply to an
answer.

5. Pleadings could
be
notice pleadings
fact pleadings

6. A notice pleading merely gives notice
of the allegation and the reasons for the
lawsuit. Rather than offering proof,
notice pleadings offer “allegations,”
which are then proved or disproved
during the proceedings.

7. “Fact” pleading, on
the other hand, is fact-
specific . pleading of all
facts

8. Note : Today, the federal rules
and the rules in most states
require only “notice” pleading,
leaving the more fact-heavy
inquires for motions and trial.

9. Concepts

10. DUE PROCESS OF
LAW
fairness, proceedings that must be followed before
deprived , denied someone property freedom or life

11. Joinder of parties

12. Joinder of parties
motion to include as many parties
in a single suit to avoid
duplications or Wasting time

13. TYPE OF PLEADINGS
A petition : filed by plaintiff to initiate a
law suit
Answers : the plaintiff answers to
contest plaintiff claim
Counter claim : defendant files a claim
against plaintiff

14. Third party petition : existing party
usually defendant files against a
third party
Cross claim filed against a co-
party one defendant against
another
Intervention : a claim by a rd. party
who wants to be in the case

15. Interpleader is a civil procedure device that
allows a plaintiff or a defendant to initiate a lawsuit
in order to compel two or more other parties to
litigate a dispute. An interpleader action originates
when the plaintiff holds property on behalf of
another, but does not know to whom the property
should be transferred. It is often used to resolve
disputes arising under insurance contracts= filled by plaintiff
who is exposed to multiple liability, requesting court determine to whom plaintiff is liable to

16. PARTS OF THE PLEADING
CAPTION STYLE DOCKET COURT
Smith vs Albert ------------- --------------
body :describe the course of actions this can
include several causes of actions
why you file up in this court jurisdictions ?
plain language description –no fancy no
legalize be focus
Relief of sought cover damages –injunction
prayer : ask for the relief ask for judgement

17. PARTIES
plaintiff bring the lawsuit
defendant sued for alleged wrong
plaintiff must be a real party has a right to
sue .
plaintiff must have standing to sue has
interest has suffered real direct injuries
parties must have capacity to sue or be
sued .
incapacity person should have a guardian
or next friend .

18. Attachment
VERFICATIONS :brief affidavit stating the content of the
pleadings are true and correct
exhibits examples contracts –deed- promissory note
certificate of service
certificate by attorney that document sent to other party
proposed TRO temporary restrain order if a party seek
injunction
show case order -notice of hearing order by judge to
appear before the court

19. A temporary restraining order
(TRO) is a legal document issued by a
judge before trial that forces or
prevents an action for a specified time
frame

20. Temporary restraining orders
(TRO) are short-term pre-trial temporary
injunctions. To obtain a TRO, a party must
convince the judge that he or she will suffer
immediate irreparable injury unless the order is
issued. If the judge is convinced that a
temporary restraining order is necessary, he or
she may issue the order immediately, without
informing the other parties and without
holding a hearing.

21. A motion is a formal request to the judge to
either take an action or to require that a party do
something. An example of the former would be a
motion to dismiss the case , while the latter
might be a motion for a restraining order.

22. Rule 12 motions include:
motion to dismiss because of lack of subject
matter jurisdiction. This is filed when the case is
in the wrong court, such as a divorce in
bankruptcy court or a million-dollar case in small
claims court.
lack of personal jurisdiction
insufficient service of process

23. Next DISCOVERY