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The Claim Form (which may also include summary or all the particulars of claim, Defence and Response are all statements of case. The term "pleadings" continues to be used, though incorrectly, to refer to statements of case, the preferred terminology used by the Civil Procedure Rules. [1]
The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars".. In U.S. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process.
The rules of court prescribe both the form of the particulars as well as the content(HC rule 18 and MC rule 6). It is only from the particulars that one can see the basis of the action as well as the relief sought. The particulars of claim, then, sets out the facts that give rise to the claim as well as what the plaintiff wants the court to decide.
An additional claim is treated as a normal claim unless Part 20 otherwise provides, so the rules on contents of claim forms, Particulars of Claim, Defences and Replies apply accordingly, [14] although the title of the statement of case should be modified to make clear who is pleading, and which statement of case, if any, is being responded to.
Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause).
In United States criminal law, a factual basis is a statement of the facts detailing an individual crime and its particulars, stipulated to by the prosecution and the defense, which forms a basis by which a judge can accept a guilty plea from the defendant.
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
For example, the "writ of summons" and the "statement of claim" were replaced, respectively, with "claim form" and "particulars of claim". The CPR implemented a new system of radically different legal terminology in order to bring plain English to the legal system of England and Wales. [ 22 ]