Question: When Can Alternative Pleading Be Allowed?

What are the 3 types of pleadings?

What are Pleadings?Complaint.

A lawsuit begins when a plaintiff (the party suing) files a complaint against a defendant (the party being sued.) …

Answer.

The answer is the defendant’s written response to the plaintiff’s complaint.

Counterclaim.

Cross-claim.

Amended Pleadings.Apr 9, 2015.

What does in the alternative mean?

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 …

What is pleading in law?

Pleading, in law, written presentation by a litigant in a lawsuit setting forth the facts upon which he claims legal relief or challenges the claims of his opponent. A pleading includes claims and counterclaims but not the evidence by which the litigant intends to prove his case.

What does special pleading mean?

1 : the allegation of special or new matter to offset the effect of matter pleaded by the opposite side and admitted, as distinguished from a direct denial of the matter pleaded.

What is inconsistent pleading?

Alternative and Inconsistent Pleadings: … The court has also the power to strike out from the plaint or written statement alternative pleadings when they are embarrassing or tend to delay the fair trial of a suit. In alternative pleadings, the facts ought to be distinctly stated and should not be mixed up.

What are examples of pleadings?

The following are some of the most common pleadings and motions in any civil trial or case:The Complaint. … The Answer. … The Counterclaim. … The Cross Claim. … The Pre-Trial Motions. … Post-Trial Motions.

What is alternative cause of action?

Alternative causes of action or defense — A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses.

What are the 5 types of pleas?

These pleas include: not guilty, guilty, and no contest (nolo contendere). At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, we know how to what’s on the line for you and how these different pleas can impact your life.

Comply With the Relevant Federal, State, and Local Rules. … Research Before Writing. … Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. … Draft Concise and Plain Statement of the Facts. … Draft Separate Counts for Each Legal Claim. … Plead Facts With Particularity Where Necessary.More items…

When can alternative or inconsistent pleading be allowed?

To put it another way, when there is no inconsistency on the facts and material on record, alternative or inconsistent pleas can be made in the pleading. But you cannot ask for two relief’s in alternative which are contradictory to each other.

What does it mean to plead in the alternative?

Alternative pleading (or pleading in the alternative) is the legal term 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.

What is the meaning of inconsistent?

: lacking consistency: such as. a : not compatible with another fact or claim inconsistent statements. b : containing incompatible elements an inconsistent argument. c : incoherent or illogical in thought or actions : changeable.

Is a pleading the same as a complaint?

A pleading[2] is a formal written statement filed with the court by a party to a civil action. … A party filing a complaint is the complaining party, while the other side is the responding party. Pleadings set forth parties’ positions in the action, such as allegations, claims, defenses and denials.

How do you plead in alternative examples?

Debbie can’t remember whether she paid for the car. In fact, she thinks the car was a gift. And besides, Debbie thinks the car was defective so she should not owe any money to Paulina. At this point, especially if Debbie can’t remember whether she paid for the car or not, then she should plead in the alternative.

Can a pleading make inconsistent claims?

If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. (3) Inconsistent Claims or Defenses. A party may state as many separate claims or defenses as it has, regardless of consistency. … Pleadings must be construed so as to do justice.

What are the function of pleading?

The object of pleadings is to ensure parties are stating the issue at hand and to further prevent them from being enlarged once the trial commences. It also helps in keeping the parties on track in terms of what needs to be proved at trial.

Who can sign a pleading?

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name—or by a party personally if the party is unrepresented.

What are the rules of pleading?

Four fundamental rules of pleading are; (1) Pleadings should state facts and not law; (2) The facts stated in pleadings should be material facts; (3) Pleadings should not state the evidence; and (4) The facts in pleadings should be stated in a concise form.

What is pleading in Indian law?

Pleadings form the foundation for any case in the court of law. It is a statement in writing filed by the counsel of plaintiff stating his contentions on the case, on the basis of which the defendant shall file the written statement defending himself and explaining why the plaintiff’s contentions should not prevail.