When a pre-made form is not available, the phrase "pleading paper" is commonly used to describe the format of a document that is submitted with the court. These documents are often called "pleadings". They are usually written on pre-printed forms provided by the court system. Or they may be written out in full detail from scratch.
The purpose of filing pleadings is twofold: first, the parties need to notify each other of their claims and defenses; second, the court needs to know what issues are involved in the case so it can determine how to proceed.
In most courts, parties must file pleadings before they will be considered by the court. This is true for both plaintiffs and defendants. If a party fails to file a pleading, the court will dismiss the action without prejudice (meaning that the party can always bring the claim again).
For example, if I am suing you for $10,000, and you fail to answer my complaint, the court will enter default judgment against you. This means that I will be awarded the amount I am seeking, even though I have not proved my case yet. If I do not take this step, then I cannot go forward with my claim.
Pleading paper is the paper used for submitting papers to the court and is numbered down the left side. It includes information about your case as well as the language of the document you're submitting to the court. The information included on pleading paper varies depending on what type of case you have, but generally speaking, it includes your name, your address, the name of your lawyer if applicable, the date, and the number of the page of the document.
There are two types of pleadings: original and amended. Amended pleadings change something in your case that was not part of the original filing. For example, if a party misses a deadline and wants to file an amendment to include new evidence, they would need to do so. Original pleadings are filed by parties who want a court to consider new evidence or arguments that were not included in their original filing. For example, if a party believes that another party has violated some agreement or contract term and wants to include evidence of this argument in the original pleading, they would need to do so.
There are two types of certifications: those that are sworn and those that are unsworn. A sworn certification is one that requires you to swear or affirm that the information contained in the certification is true.
Pleading paper is legal paper with numbers 1 to 28 printed in the left margin. If the court demands pleading paper, you must write legal pleadings on it. Otherwise, your document will be rejected by the court.
There are two types of pleading papers: single and double. A single page pleading paper is used when there is room on one page for all the required information. A double page pleading paper is used when there isn't enough space for everything on one page. Most courts allow at least 20 pages per pleading paper. Some courts may require some pleadings to be filed on separate sheets. The clerk's office can tell you what type of paper they need from you. They won't accept anything else.
The judge or chancellor has the authority to order different types of pleading papers. For example, a trial judge might want to see only original documents filed with the court. So, all copies of filings should be removed from any file folders before they are sent to the judge. The judge also might want to see only final judgments. In that case, all other documents should remain sealed until they are closed out of court. You should always check with the court first before removing files from a file folder.
The purpose of numbering the pages of a pleading paper is so that the court reporter can report how many pages were filed if you don't submit the exact number requested.
Preparing the Pleading Use the proper paper. If the court demands special pleading paper, you can obtain it through the courthouse, the internet, or an office supply store. Include your contact details. In the top left corner of the pleading page, write your name, address, and phone number. Add a caption. The title should tell people what kind of case it is (example: "Plaintiff's Complaint") and why it is important (example: "because I want money"). End with a short sentence that answers the question "Why are we filing this lawsuit?"
Don't forget to include any attachments. Attachments are documents that support your complaint or answer. They may include contracts, reports, letters, affidavits, and other items. Don't attach files more than 5MB in size. Also don't attach files that contain dangerous programs such as virus scanners or spyware. The clerk will tell you if your attachment is too large.
After you file your pleading, the court administrator will assign a case number to your petition. This number serves as a reference point for everyone working on your case. It also helps the court locate previous filings related to your case.
The next step is for the defendant to file an answer to your complaint. This answer can only be filed with the court clerk, not your attorney.
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