Essay on Pleadings
Kinds of Pleadings 1. Complaint 2. Counterclaim 3. Cross-claim 4. Third, fourth etc.-party complaint 5. Complaint-in-intervention 6. Answer to the pleading 7. Counter-counter claim 8. Counter-cross claim 9. Reply
Pleadings includes all papers filed, excluding evidentiary matters, from the complaint down to the judgement. DOCUMENTS ATTACHED to the pleadings and made a part thereof are considered EVIDENCE and also part of the pleadings.
COMPLAINT – The complaint is the pleading alleging the plaintiff’s cause or causes of action. The names …show more content…
COUNTER-COUNTERCLAIMS and COUNTER-CROSS-CLAIMS – A counterclaim may be asserted against an original counter-claimant
A cross-claim may also be filed against an original cross-claimant.
REPLY – A pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters.
THIRD, (FOURTH,etc.) – party complaint – Is a claim that a defending party may , with leave of court, file against a person not a party to the action called the third(fourth,etc) – party denfendant for contribution, indemnity, subrogation or any other relief, in respect of his opponent’s claim.
BRINGING NEW PARTIES
ANSWER TO THIRD (FOURTH, etc.) – party complainant.
PARTS OF A PLEADING
SECTION 1. Caption.-The caption sets forth the name of the court, the title of the action, and the