Pleading Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Pleading, written in plain English, along with examples of how it is used.
What is Pleading?
It refers to any legal,logically well written statements filed with the court by the plaintiff with the detailed facts for the reason of filing such case or by defendant with the base for the defence.
History and Meaning of Pleading
Pleading is a legal term that has been used in the common law legal system since the Middle Ages. It refers to the process of making formal written statements that set out a party's claims or defenses in a court case. The purpose of pleading is to provide a clear and concise statement of the facts and legal arguments at the beginning of a trial so that both parties have a fair chance to respond and prepare their cases.
In the past, pleading was a much more formal and rigid process than it is today. Judges required specific language and formatting, and there were strict rules governing what could and could not be included in a pleading. Over time, these rules have become more relaxed, and pleadings now generally consist of plain English statements outlining a party's case.
Examples of Pleading
A plaintiff files a pleading with the court alleging that the defendant breached a contract between them by failing to pay for goods or services.
A defendant files a pleading with the court arguing that they cannot be held responsible for an injury because the plaintiff assumed the risk of that injury by participating in a dangerous activity.
A lawyer drafts a pleading for their client in a family law case, setting out their requests for child support, custody, and visitation rights.
Legal Terms Similar to Pleading
Complaint: This is a specific type of pleading filed by the plaintiff in a civil lawsuit, setting out their allegations against the defendant.
Answer: This is the defendant's response to the plaintiff's complaint, in which they admit or deny the allegations and set out any counterclaims or affirmative defenses.
Motion: This is a written request made by a party to the court, asking for a ruling on a specific issue or for certain relief. Motions are often made before or during the trial, and can affect the outcome of the case.