Difference between revisions of "Format a Legal Pleading"
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#Use the correct paper. If the court requires special pleading paper, you can get it on the internet, from the courthouse, or from an office supply store. Pleading paper is legal paper that has numbers 1 through 28 in the left hand margin. | #Use the correct paper. If the court requires special pleading paper, you can get it on the internet, from the courthouse, or from an office supply store. Pleading paper is legal paper that has numbers 1 through 28 in the left hand margin. | ||
#* If the court requires pleading paper, then you must draft legal pleadings on pleading paper. Otherwise, the court will refuse your document. | #* If the court requires pleading paper, then you must draft legal pleadings on pleading paper. Otherwise, the court will refuse your document. | ||
| − | #* If pleading paper is not required, the paper should be standard 8.5”x11” white paper, printed on only one side.<ref>http://www.ohiolegalservices.org/public/legal_problem/courts-hearings/documents-and-papers-from-a-court/format-of-pleadings/qandact_view</ref> | + | #* If pleading paper is not required, the paper should be standard 8.5”x11” white paper, printed on only one side.<ref name="rf1">http://www.ohiolegalservices.org/public/legal_problem/courts-hearings/documents-and-papers-from-a-court/format-of-pleadings/qandact_view</ref> |
#Include identifying information. Type your name, address, and phone number in the top left corner of the pleading paper. Use single-spaced lines. The format should look like [http://www.steptoe.com/assets/attachments/1808.pdf this]. | #Include identifying information. Type your name, address, and phone number in the top left corner of the pleading paper. Use single-spaced lines. The format should look like [http://www.steptoe.com/assets/attachments/1808.pdf this]. | ||
#* On the first line, place your full name. | #* On the first line, place your full name. | ||
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#*The fourth and final line is for your complete phone number. The complete phone number includes all numbers needed to contact you for those calling you from outside of your local calling area. | #*The fourth and final line is for your complete phone number. The complete phone number includes all numbers needed to contact you for those calling you from outside of your local calling area. | ||
#Insert a caption. The caption states the court where the case has been filed, the parties (for example, “John Smith, Plaintiff v. Jane Smith, Defendant”), the case number, and in some situations the type of case (e.g., “Negligence”). | #Insert a caption. The caption states the court where the case has been filed, the parties (for example, “John Smith, Plaintiff v. Jane Smith, Defendant”), the case number, and in some situations the type of case (e.g., “Negligence”). | ||
| − | #* Leave a double space after the court's information. On the left side of the pleading paper, state the full name of the plaintiff in the case. On the next line, type the word "Plaintiff." Space down two lines and type a "v" which is an abbreviation for the word "versus." Double space one more time and state the full name of the defendant. On the next line type the word "Defendant."<ref> http://www.kansasjudicialcouncil.org/Documents/Miscellaneous%20Forms/PDF/KSA60_268_BasicPleadingFormat.pdf</ref> | + | #* Leave a double space after the court's information. On the left side of the pleading paper, state the full name of the plaintiff in the case. On the next line, type the word "Plaintiff." Space down two lines and type a "v" which is an abbreviation for the word "versus." Double space one more time and state the full name of the defendant. On the next line type the word "Defendant."<ref name="rf2"> http://www.kansasjudicialcouncil.org/Documents/Miscellaneous%20Forms/PDF/KSA60_268_BasicPleadingFormat.pdf</ref> |
| − | #* The case number will be assigned by the court clerk after the case has been filed. You can locate this number on your copy of the complaint. If you are filing the complaint, then type “Case No.” and leave a line blank.<ref | + | #* The case number will be assigned by the court clerk after the case has been filed. You can locate this number on your copy of the complaint. If you are filing the complaint, then type “Case No.” and leave a line blank.<ref name="rf2" /> |
#Draft the body of the pleading. After you've listed the parties, double-space down to begin drafting the pleading. The body of your pleading will include whatever information you want the judge to be made aware of, presented in the proper format. | #Draft the body of the pleading. After you've listed the parties, double-space down to begin drafting the pleading. The body of your pleading will include whatever information you want the judge to be made aware of, presented in the proper format. | ||
| − | #* Number each paragraph if you are drafting an answer to the original complaint. Each numbered paragraph will correspond to each allegation in the complaint. Make your answers concise, only addressing one issue per numbered paragraph.<ref | + | #* Number each paragraph if you are drafting an answer to the original complaint. Each numbered paragraph will correspond to each allegation in the complaint. Make your answers concise, only addressing one issue per numbered paragraph.<ref name="rf1" /> |
#* Use double spacing for the entire body of the pleading. If you use single spacing, your pleading may be rejected by the court. | #* Use double spacing for the entire body of the pleading. If you use single spacing, your pleading may be rejected by the court. | ||
#* Capitalize, underline, and place in bold the headings for your pleading. Unless you are drafting an answer to the original complaint, you will use headings to distinguish issues from one another. The judge will want to identify your headings quickly. By making them stand out in the document, the judge can more readily find them. | #* Capitalize, underline, and place in bold the headings for your pleading. Unless you are drafting an answer to the original complaint, you will use headings to distinguish issues from one another. The judge will want to identify your headings quickly. By making them stand out in the document, the judge can more readily find them. | ||
#* Place page numbers at the bottom and in the center of each page. A page number must be used even if your pleading is only one page in length. | #* Place page numbers at the bottom and in the center of each page. A page number must be used even if your pleading is only one page in length. | ||
#Sign and date the pleading. After the body of your pleading, double space and sign your pleading. Under your signature, type your full name. Across from your signature, date the document. | #Sign and date the pleading. After the body of your pleading, double space and sign your pleading. Under your signature, type your full name. Across from your signature, date the document. | ||
| − | #Include a certificate of service. You can insert the certificate of service at the bottom of the page. Center “Certificate of Service” on the page in all caps. Then, state that you served a copy of the pleading on the other party.<ref>http://www.laed.uscourts.gov/pro-se/sample-civil-pleading-format</ref> | + | #Include a certificate of service. You can insert the certificate of service at the bottom of the page. Center “Certificate of Service” on the page in all caps. Then, state that you served a copy of the pleading on the other party.<ref name="rf3">http://www.laed.uscourts.gov/pro-se/sample-civil-pleading-format</ref> |
| − | #* Sample language could include, “I hereby certify that I have served a copy of this document on [insert name of other party] either by person or by mailing it postage prepaid on [insert the date].”<ref | + | #* Sample language could include, “I hereby certify that I have served a copy of this document on [insert name of other party] either by person or by mailing it postage prepaid on [insert the date].”<ref name="rf3" /> |
#* Then insert a signature line and sign. | #* Then insert a signature line and sign. | ||
