This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
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A legal pleading is a document drafted and filed with the court. It can trigger a complaint against another person in civil court, or can serve as the answer to a complaint that has been filed against you. It may also serve as formal notification to the judge in your current case that something has occurred that needs judicial intervention. These forms might seem difficult to draft at first, but once you’re familiar with the requirements, you’ll be pleading like a pro. In this article, we’ll show you exactly what to include and how to draft and format your legal pleading. Let’s get started!
Things You Should Know
- Search for your state or municipality’s formatting rules online, then look for templates or examples to copy to familiarize yourself with the requirements.
- Draft your pleading on legal paper and include your identifying information and a caption that states the involved parties and case number.
- Draft the body with numbered paragraphs, double spacing, clear headings, and page numbers. Include a certificate of service in your submission.
Steps
Learning the Requirements
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1Find a pleading form. Some courts have “check the box” or “fill in the blank” pleading forms, which make the process easy. First, see if your court has form pleadings.
- Often, these should be listed on the website for the court. If you can’t find any, call and ask the clerk of court.
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2Get a copy of the local rules. Many states and counties have “local rules” that address how pleadings should be formatted. For example, some courts require that pleadings be on special paper. Sometimes “local rules” are posted on the court’s website.
- You can also ask the clerk of court for local rules. He or she should be able to point you in the right direction.
- You should always follow the local rules. If something in these directions contradicts the local rules, then follow the local rules.
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3Find an example to copy. If you can find an example of a pleading that has already been filed, then you can follow the formatting.
- If you are a defendant in a lawsuit, look at the complaint filed by the plaintiff. This should give you a good idea of how the pleading should be formatted.
- Also search on the web. Some courts will have copies of pleadings from filed lawsuits on the court website, but you can also use a search engine. Type in the name of the court and “pleading.”
- If you can’t find an example from the court you are appearing in, then look for an example from another court in your state. Type your state and “pleading” into a search engine.
Formatting the Pleading
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1Use 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 pleading paper is not required, the paper should be standard 8.5”x11” white paper, printed on only one side.
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2Include 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 this.
- On the first line, place your full name.
- The second line must state your street address.
- On the third line, list your city, state, and zip code information.
- 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.
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3Insert 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."
- 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.
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4Draft 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.
- 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.
- 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.
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5Sign 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.
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6Include 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.[1]
- 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].”[2]
- Then insert a signature line and sign.
References
About This Article
A legal pleading is a document that you file with the court. Before you format a legal pleading, see if your court has a form that you can fill in the blanks or boxes on to simplify the process. If they don’t, get a copy of the local rules from your court, which will tell you how to format your pleading. You can also try to find an example of a pleading that has already been filed to follow the formatting. While some courts may have copies of these pleading for you to look at, you can also try searching the web. When you’re ready to format your pleading, use the kind of paper mandated by your particular court. Include identifying information, like your name, address, and phone number in the top left corner. Then, insert a caption that states the court where the case has been filed, the parties, and the case number. Next, draft the body of the pleading, which should include whatever information you want your judge to be made aware of. After the body, sign and date your pleading. To learn how to include a certificate of service in your legal pleading, keep reading!
