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Pleadings: the Complaint

Pleadings: the Complaint. Plaintiff files to initiate suit Served on Defendant along with Summons Must Meet 3 Requirements: Brief Description of Facts Giving Rise to Suit State Basis of Court’s Jurisdiction Statement of Relief Sought Plead “Ultimate Facts” -- conclusions, not evidence.

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Pleadings: the Complaint

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  1. Pleadings: the Complaint • Plaintiff files to initiate suit • Served on Defendant along with Summons • Must Meet 3 Requirements: • Brief Description of Facts Giving Rise to Suit • State Basis of Court’s Jurisdiction • Statement of Relief Sought • Plead “Ultimate Facts” -- conclusions, not evidence

  2. Pleadings: the Answer • Filed by Defendant in Response to Complaint • Must Address Issues Raised in Complaint • May Include Counterclaim -- D also suing Plaintiff • Failure to respond within time limit may cause Default Judgment

  3. Pleadings: the Summons • Issued by the Court • Informs Defendant that suit has been filed • Directs Defendant to Respond by Filing Answer to Complaint with appropriate time period • Served on Defendant along with Complaint

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