notice pleading
notice pleading 告知诉答 只需作简洁、清楚的陈述，足以使对方当事人知晓自己的诉讼请求或答辩理由，而非对与诉讼请求或答辩理由相关的任何事实都作专门性描述〔technical account〕的诉答。美国《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕及在绝大多数州的民事诉讼中都采用此种诉答程序，但在一些复杂案件中也经常会要求当事人在诉答中对某些实质性的细节加以陈述。
Search Results for: notice pleading
notice pleading
A procedural system requiring that the pleader give only a short and plain statement of the claim showing that the pleader is entitled to relief, and not a complete detailing of all the facts. Fed. R. Civ. P. 8(a). [Cases: Federal Civil Procedure 673; Pleading 16, 48. C.J.S. Pleading §§ 9, 116–124, 132–133, 162, 164.]
averment of notice
averment of notice. A statement in a pleading that someone else has been properly notified about some fact. See NOTICE.
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notice of appearance
notice of appearance. 1. Procedure. A party’s written notice filed with the court or oral announcement on the record informing the court and the other parties that the party wants to participate in the case. [Cases: Appearance 6; Federal Civil Procedure 561. C.J.S. Appearances § 20.] 2. Bankruptcy. A written notice filed with the court
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notice to plead
notice to plead. A warning to a defendant, stating that failure to file a responsive pleading within a prescribed time will result in a default judgment. • The Federal Rules of Civil Procedure require the summons to notify the defendant that failure to appear and defend within a prescribed time will result in a default
notice of removal
notice of removal. The pleading by which the defendant removes a case from state court to federal court. • A notice of removal is filed in the federal district court in the district and division in which the suit is pending. The notice must contain a short and plain statement of the grounds for removal
matrix
matrix (may-triks), n. [Latin] 1. Hist. Mother. 2. Civil law. The original legal instrument, from which all copies must be made. 3. A list of the parties to a lawsuit, including the addresses at which pleadings and notices can be served. • A matrix is commonly used to list the names and addresses of creditors
matter
matter, n. 1. A subject under consideration, esp. involving a dispute or litigation; CASE(1) (this is the only matter on the court’s docket today). 2. Something that is to be tried or proved; an allegation forming the basis of a claim or defense (the matters raised in the plaintiff’s complaint are not actionable under state
single date of removal doctrine
single-date-of-removal doctrine. Civil procedure. The principle that the deadline for removing a case from state court to federal court is 30 days from the day that any defendant receives a copy of the state-court pleading on which the removal is based. • If a later-served defendant seeks to remove a case to federal court more
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special matter
Common-law pleading. Out-of-the-ordinary evidence that a defendant is allowed to enter, after notice to the plaintiff, under a plea of the general issue.