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Alternative pleading (or pleading in the alternative) is the legal term [1] [2] in the law of the United States for a form of pleading that permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction.
Code pleading places additional burdens on a party to plead the "ultimate facts" of its case, laying out the party's entire case and the facts or allegations underlying it. Notice pleading, by contrast, simply requires a "short and plain statement" showing only that the pleader is entitled to relief. (FRCP 8(a)(2)).
Originating in the legal profession, argument in the alternative is a strategy in which a lawyer advances several competing (and possibly mutually exclusive) arguments in order to pre-empt objections by his adversary, with the goal of showing that regardless of interpretation there is no reasonable conclusion other than the advocate's. [1]
In alternative pleading, legal fiction is employed to permit a party to argue two mutually exclusive possibilities, for example, submitting an injury complaint alleging that the harm to the plaintiff caused by the defendant was so outrageous that it must have either been intended as a malicious attack or, if not, must have been due to gross ...
Notice pleading is the dominant form of pleading used in the United States today. [2] In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. [2] The focus of the cause of action was shifted to discovery (another goal of the FRCP). [2]
The pleading may simply be an answer, or the defendant may file a demurrer, a motion to dismiss, an objection to venue, a motion for a bill of particulars, or a statement of the defendant's grounds of defense. If the defendant objects to personal jurisdiction, the defendant must make a special appearance to assert either that the court lacks ...
Emails sent to government workers at numerous agencies gave employees 10 days to report if a colleague's job relates to diversity, equity and inclusion efforts. Federal employees told to name ...
The initial pleading in a civil lawsuit that seeks only money (damages) might be called (in most U.S. courts) a complaint. An initial pleading in a lawsuit that seeks non-monetary or "equitable" relief, such as a request for a writ of mandamus or habeas corpus, custody of a child, or probate of a will, is instead called a petition.