Question: Generally, when drafting a civil complaint, notice pleading is sufficient. All that is required in a complaint is enough factual information to establish basis to
Generally, when drafting a civil complaint, "notice pleading" is sufficient. All that is required in a complaint is enough factual information to establish basis to support a legal claim and remedy. A good lawyer will prepare a complaint with more information than is strictly needed to avoid dismissal, but the rules are lenient in order to keep complaints short while still providing reasonable notice to defendants as to why they are being sued. Some folks have been critical of this system, as a minimal complaint that satisfies the notice pleading rules may still leave a defendant wondering about many important details, some of which may be critical in determining whether a legal claim may actually be valid. The discovery process and summary judgment process may provide additional opportunities for the parties to develop the facts and legal theories of the case, but those processes take time and are expensive. Some therefore argue that we should require substantially more detail in complaints, which could prevent the need for additional discovery work and allow summary judgment motions sooner in the process where appropriate. What do you think? Does minimal notice pleading make sense? What are the pros and cons of requiring more detailed complaints?
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