Friday, September 4, 2009

THE LITIGATION PROCESS

THE LITIGATION PROCESS

Although complaints are fairly general in nature they require three essential elements to satisfy notice pleading standards. First, they require a short and plain statement of the grounds upon which the court’s direction depends. Second, they require a short and plain statement of the claim showing that the plaintiff is entitled to relief. Third, they require a demand for judgment or relief, which can take the form of money damages, specific performance, or an injunction (to name a few).

The short and plain statement of the claim does not require much. The plaintiff need only state the facts, not the legal theory he is relying upon. As long as the plaintiff gives enough facts to put the defendant on reasonable notice about what is being alleged, it is irrelevant that the plaintiff has failed to allege some matters that he will eventually have to prove in order to recover. However, certain “special matters” must be pleaded with particularity, these special matters can be found under the Nevada Rules of Civil Procedure Rule 9. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

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