Question: This week we are learning about drafting the pleadings in a lawsuit, namely, the Complaint and Answer. In Indiana, a complaint is only required to
This week we are learning about drafting the pleadings in a lawsuit, namely, the Complaint and Answer. In Indiana, a complaint is only required to give "a short and plain statement of the claim." We call this notice pleading. It is pretty basic and does not require the plaintiff to list all of the facts that they plan to use at trial. Those are developed over the process of discovery. In other states, a plaintiff must plead all of the facts they will rely on in the complaint--we call this fact pleading. Here is a summary of the differences between the two kinds of pleading types: Notice Pleading and Fact PleadingLinks to an external site.. In your original post, discuss which you prefer and why. Is it possible that one is more beneficial to the plaintiff and another is better for the defendants? Which side should we protect more and why? Which seems more fair to you, and what are the potential consequences
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