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A judge is a law student who marks his own examination papers.
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Legal Definitions - code pleading
Definition of code pleading
Code pleading is a system of civil procedure that requires a party initiating a lawsuit (the plaintiff) to include in their complaint a concise statement of the facts that support their legal claim. This system aims to provide the opposing party (the defendant) with clear notice of the specific events and circumstances giving rise to the lawsuit, without requiring the plaintiff to present every piece of evidence or merely state broad legal conclusions. It focuses on presenting the essential factual narrative that, if proven, would entitle the plaintiff to relief.
Here are some examples illustrating code pleading:
Contract Dispute: Imagine a small business, "Tech Solutions Inc.," sues a supplier, "Global Parts Co.," for failing to deliver specialized components as agreed. Under code pleading, Tech Solutions Inc.'s complaint would not simply state, "Global Parts Co. breached our contract." Instead, it would provide specific facts, such as: "On January 15, 2023, Tech Solutions Inc. and Global Parts Co. entered into a written agreement for the delivery of 500 Model X-7 microchips by March 1, 2023, for a price of $50,000. Global Parts Co. failed to deliver any microchips by the agreed date, causing Tech Solutions Inc. to incur $15,000 in lost profits due to production delays."
This example demonstrates code pleading because the plaintiff provides concrete details about the contract, the specific failure to perform, and the resulting damages, rather than just a general accusation of breach. This gives the defendant clear notice of the factual basis of the claim.
Personal Injury Claim: Consider a pedestrian, Sarah, who is hit by a car driven by Mark. In a code pleading jurisdiction, Sarah's complaint against Mark would not just say, "Mark was negligent." It would include factual allegations like: "On April 10, 2024, at approximately 3:00 PM, Sarah was lawfully crossing the intersection of Elm Street and Maple Avenue. Mark, operating a blue sedan, failed to stop at the red traffic light and struck Sarah, causing her to suffer a broken arm and a concussion."
This illustrates code pleading by detailing the specific circumstances of the accident—the date, time, location, Mark's specific action (running a red light), and the resulting injuries—which form the factual foundation for the negligence claim.
Property Boundary Dispute: Suppose a homeowner, Mr. Henderson, discovers that his neighbor, Ms. Davis, has built a shed that extends onto his property. In a code pleading state, Mr. Henderson's lawsuit would not merely claim, "Ms. Davis is trespassing on my land." The complaint would state facts such as: "Mr. Henderson is the owner of the property located at 456 Oak Lane, legally described as Lot 7, Block B of the Green Valley Subdivision. In June 2023, Ms. Davis constructed a storage shed, a portion of which, approximately 4 feet by 6 feet, encroaches upon Mr. Henderson's property, as confirmed by a survey conducted on July 15, 2023."
This example shows code pleading by providing specific factual information: Mr. Henderson's ownership, the neighbor's specific action (building a shed), the extent of the encroachment, and the evidence supporting it (the survey). This allows the court and the defendant to understand the precise nature of the property dispute.
Simple Definition
Code pleading is a system of civil procedure that requires a plaintiff to state the material facts constituting their cause of action in the complaint, rather than relying on common law forms or legal conclusions. This system aims to provide the defendant with specific notice of the claims against them and to narrow the issues for trial.