The Judicial Complaint: Nature and Functions in Notice & Code Pleading Regimes

1. The Judicial Complaint:Nature and Functions in Notice & Code Pleading Regimes Civil Procedure 1 Professor Krieger September 9, 2002

2. The Essential Stages of a Civil Lawsuit “Motion” Defined in FRCP Rule 7(b) FRCP Rule 7 • Pleadings: Complaint, Answer, Reply; Pleadings relating to cross-claims, counter-claims, and third party claims • Motions Challenging the Complaint • Lack of Subject Matter Jurisdiction • Lack of Personal Jurisdiction • Insufficient Service of Process • Venue • Failure to State a Claim Upon Which Relief Can Be Granted • Initial Case Management Process Civil Procedure 2 FRCP Rule 26(a), (f)

3. The Essential Stages of a Civil Lawsuit • Discovery • Interrogatories • Depositions • Designation of Experts; Exchange of Expert Reports; Deposition of Expert Witnesses • Requests for Production of Documents • Medical Examinations • Entry Upon Land • Requests for Admissions • Pretrial Dispositive Motions • Summary Judgment • Judgment on the Pleadings • Motion to Dismiss on Subject Matter Jurisdiction Grounds

4. The Essential Stages of a Civil Lawsuit • Pretrial Management Process • Exchange of Witness & Exhibit Lists • Motions in Limine • Pretrial Briefs • Proposed Jury Instructions • Trial • Post-Trial Motions • Motion for J. as a Matter of Law • Motion for New Trial • Attorneys’ Fees Motions (Where Applicable) • Appeal • Entry of Judgment • Enforcement of Judgment

5. Present specific, essential facts constituting the asserted claims Clearly Identify Causes of Action Identify/Narrow Points of Dispute Eliminate Defective Claims Early On Eliminate Technicalities Associated with Writ Pleading Provide defendant with broad notice of the general nature of the dispute Enable defendant to frame an answer or other response Ensure case in proper court Screen out Patently Groundless Claims Eliminate Technicalities of Code Pleading Functional Analysis of the Civil Litigation Process: The Complaint Under Code Pleading Under Notice Pleading

6. Sections of the Complaint • Introductory Statement (Optional) • Identify Plaintiff(s) and Defendant(s) • Provide Sympathetic, Thumbnail Sketch of the Facts Giving Rise to the Plaintiffs Claim(s) • Identify Claims for Relief (In General) • Identify Remedies Sought

7. Sections of the Complaint FRCP Rule 8(a) • Jurisdiction and Venue • Identify bases of Federal Subject Matter Jurisdiction, If Case in Federal Court • If Case in State Court, Provide Basis for Superior Court Jurisdiction (i.e. amount in controversy, injunctive relief sought) • Identify basis for venue in the particular country or district where the case was filed. • Demonstrate fulfillment of any applicable prerequisites to suit

8. Sections of the Complaint • Parties • Identify plaintiff(s) and provide information re: citizenship (where relevant), residence (for diversity jurisdiction, where relevant), venue (where relevant), choice of law (where relevant) • Identify defendant(s) and provide information re: citizenship (where relevant), residence (for diversity jurisdiction where relevant), venue (where relevant), choice of law (where relevant)

9. Sections of the Complaint:Parties, Continued • Provide information re: plaintiff’s statutory and/or constitutional standing (where relevant) • Provide facts showing that defendant is a covered entity under whatever laws provide basis for claims alleged by plaintiff. • Class Action Allegations (where applicable) FRCP Rule 23

10. Sections of the Complaint • General Allegations/a.k.a. Factual Allegations • Used more commonly in code pleading jurisdictions than in notice pleading jurisdictions. Where omitted, facts placed in Section Entitled “First Claim for Relief” and then incorporated into subsequent sections by reference. • Sets out nucleus of operative facts (more detail in code pleading than notice pleading jurisdictions). • In strict code pleading jurisdictions, or where heightened pleading standard imposed, must include factual allegations which, if proved, would establish each essential element of each claim for relief pleaded in the complaint. • In notice pleading jurs., a “short and plain statement of claim showing that the pleader is entitled to relief” (big help…) FRCP 9 FRCP Rule 8(a)

11. Sections of the Complaint • Claim(s) for Relief/Cause(s) of Action/Count(s) • Identifies the legal basis for relief • In code pleading jurisdictions, specifies the essential elements of each claim • States specific forms of injury (i.e. mental distress) and relief (i.e. punitive damages allegations) pertaining to each claim • Facts constituting the claim either stated or incorporated into section by reference

12. Sections of the Complaint • Injunctive Relief Allegations (where applicable) • No adequate remedy at law • Likely to succeed on the merits • Irreparable harm • Balance of hardships • Public Interest

13. Sections of the Complaint • Prayer/Request for Relief • Declaratory relief • Injunctive relief • Compensatory Damages • Punitive Damages (where appropriate) • Fees and/or costs (as appropriate) • “Such other and further relief” catch-all

14. Extracting Elements of Claims • What claims for relief/causes of action in Sharp? • What are the essential elements of these claims? Can you tell from the face of the complaint? • What claims for relief in Records? • What essential elements? Can you tell from the face of the complaint?

15. Extracting Elements of Claims • What are the essential elements of the Section 1983 claim in Kelly v. Wyman? • Can you find portions of the complaint that pertain to each of these elements?