Also known as: plain statements · short and plain statement
Written by attorneys · grounded in primary & secondary sources — see below
A concise declaration of the grounds for a claim, defense, or removal that a party must include in a pleading or notice filed in federal court. The statement supplies the factual and legal basis that allows the court to confirm its authority without requiring exhaustive detail.
Phoenix Technologies faces a contract suit in state court brought by Peter Park. It files a notice of removal in the proper federal district court that contains a brief paragraph asserting diversity jurisdiction on the basis of the parties' citizenship and the amount in controversy. The notice is accompanied by copies of the summons and complaint served in state court. The federal court accepts the filing as procedurally complete.
Pamela Phillips challenges a state search in state court. The state supreme court upholds the search by citing both federal Fourth Amendment cases and its own state constitution without declaring which body of law controls. The opinion supplies no clear declaration that state law alone supports the result, so the United States Supreme Court treats the decision as resting on federal grounds and exercises review.
Select any source to read its text and confirm it supports the definition.
Preston Pratt sues a federal official for alleged employment discrimination. His complaint sets forth the parties, the adverse action, and the statutory basis for relief in a single paragraph. The court holds that this concise declaration satisfies the requirement to give fair notice of the claim and the grounds on which it rests.
Penelope Price sues a state under a federal statute that creates a private right of action. The statute contains no declaration that states may be sued in federal court. The court concludes that the absence of an explicit statement prevents abrogation of state sovereign immunity.
Pulse Media alleges that two competitors adopted identical pricing formulas on the same day. The complaint contains no facts suggesting an actual agreement beyond the parallel conduct. The court determines that the concise declaration fails to state a plausible claim because the allegations remain consistent with lawful independent action.
Paul Peterson seeks federal habeas relief based on a recently announced constitutional rule. The rule was not announced until after his conviction became final. The court holds that the new rule does not apply on collateral review because it was not dictated by precedent existing at the time of the conviction.
The notice must include a concise declaration identifying the basis for federal jurisdiction, such as diversity or federal question. It must also attach copies of all process, pleadings, and orders served in state court. Failure to provide either element renders the notice procedurally defective.
Supporting sources
When a state court opinion discusses both federal and state law without clearly declaring that an adequate and independent state ground supports the judgment, the Supreme Court presumes the decision rests on federal law. The state court must expressly state that federal precedents are used only for guidance and do not compel the result.
Supporting sources
No. The statute calls for a concise identification of the jurisdictional grounds, not a lengthy recitation of facts. Courts have held that a brief paragraph asserting diversity or federal question jurisdiction satisfies the requirement when accompanied by the necessary state court documents.
Supporting sources
…merely to rely on federal precedents as it would on the precedents of all other jurisdictions, then it need only make clear by a plain statement in its judgment or opinion that the federal cases are being used only for the purpose of guidance, and do not themselves compel the result that the court has reached. In this way, both…