Kinds of Pleadings
Kinds of Pleadings
Actually, we already touched the word PLEADING before. In the Constitution when we
were asking what is the basis of the authority of the Supreme Court to enact the Rules of Court
or Procedural Law. The Constitution says, the Supreme Court shall have the authority to
promulgate Rules on pleadings, practice and procedure. Then we discussed jurisdiction over the
issues. Jurisdiction over the issues is determined by the allegations in the pleadings.
Q: Define pleadings?
A: PLEADINGS are the written statements of the respective claims and defenses of the parties
submitted to the court for appropriate judgment. (Section 1)
This is the document where a party will state his claim against the defendant; or where the
defendant will state also his defense. Pleadings merely tell a story. You tell your story there, the
other party will tell his story.
And how do you assert your claim in court? Not by calling up a judge over the telephone or
writing a letter to the judge, Dear judge. but through the appropriate pleadings. How do they
look like? The rules are laid down. It becomes clearer in the 3rd year subject known as Legal
Forms. In that subject you will study particular forms. They have patterns. In pleadings, you do
it in legal manner. You do not say, Once upon a time
KINDS OF PLEADINGS
Actually, we already touched the word PLEADING before. In the Constitution when we
were asking what is the basis of the authority of the Supreme Court to enact the Rules of Court
or Procedural Law. The Constitution says, the Supreme Court shall have the authority to
promulgate Rules on pleadings, practice and procedure. Then we discussed jurisdiction over the
issues. Jurisdiction over the issues is determined by the allegations in the pleadings.
Q: Define pleadings?
A: PLEADINGS are the written statements of the respective claims and defenses of the parties
submitted to the court for appropriate judgment. (Section 1)
This is the document where a party will state his claim against the defendant; or where the
defendant will state also his defense. Pleadings merely tell a story. You tell your story there, the
other party will tell his story.
And how do you assert your claim in court? Not by calling up a judge over the telephone or
writing a letter to the judge, Dear judge. but through the appropriate pleadings. How do they
look like? The rules are laid down. It becomes clearer in the 3rd year subject known as Legal
Forms. In that subject you will study particular forms. They have patterns. In pleadings, you do
it in legal manner. You do not say, Once upon a time