Also known as:pleadings law · pleading · pleadings · civil procedure · rules of pleading
Written by attorneys · grounded in primary & secondary sources — see below
A prohibition in code pleading that bars a party from alleging pure legal conclusions without supporting facts in a complaint or other pleading.
Sources & Authorities· 34 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Unsigned Complaint Struck
Peter Park filed a complaint in federal court alleging that Pioneer Energy was liable in negligence for a workplace injury. The document lacked any attorney signature or contact information. The court struck the pleading because it failed to meet the signature requirement.
Inadvertent Disclosure Rectified
Paige Porter's counsel accidentally produced a privileged memo during discovery in a contract dispute with Prism Analytics. Upon realizing the error, counsel immediately notified opposing counsel and requested return of the document under the applicable procedure. The court found the prompt steps preserved the privilege.
Pavel Petrov sued Precision Tools in federal court under diversity jurisdiction for product defects. A state procedural rule would have barred the claim, but the federal rule on point allowed it to proceed. The court applied the federal rule because it was valid and procedural.
Removal Notice Requirements
Phuong Pham, a defendant in a state court contract action, filed a notice of removal in federal district court. The notice included a short statement of grounds and copies of all served process and pleadings. The court accepted the filing as compliant with the statutory procedure.
Interstate Support Petition Filed
Penelope Price, a petitioner in State A, filed a support petition directly in a tribunal of State B that had personal jurisdiction over the respondent. The tribunal accepted the filing and notified the petitioner of the date and location. The proceeding moved forward under the uniform act.
Criminal Pleadings Identified
Pilar Pena was charged by indictment with a federal offense. At arraignment she entered a plea of not guilty. The court recognized the indictment and plea as the operative pleadings in the criminal proceeding.
Common questions
Frequently Asked
1
What does the prohibition on pleading law require in a complaint?+
The prohibition bars a plaintiff from alleging only legal conclusions such as liability in negligence without factual support. The rule ensures the defendant receives notice of the specific claim through concrete facts rather than bare assertions.
410 U.S. 113 (1973)Constitutional Law
…essentially the same as those of Roe, and they attack the same statutes. Nevertheless, we briefly note the Does' posture. Their pleadings present them as a childless married couple, the woman not being pregnant, who have no desire to have children at this time because of their having received medical advice that Mrs. Doe…