Legal Definitions - mispleading

Mispleading refers to the act of submitting an incorrect or flawed formal document to a court. In legal proceedings, parties communicate their claims, defenses, and requests through written documents known as "pleadings" (such as complaints, answers, or motions). When one of these documents contains errors—whether factual, legal, or procedural—it is considered a mispleading.

Courts generally allow parties to correct mispleadings. Often, a party can amend their pleading as a matter of right within a specific timeframe, or with the court's permission later in the process, to ensure the case proceeds on accurate information and proper legal grounds.

• Example 1: Factual Error in a Complaint

  Imagine a homeowner suing a construction company for damages due to a leaky roof. In their initial complaint filed with the court, the homeowner's lawyer mistakenly states that the roof repair was completed on June 1st, 2023, when their records clearly show the actual completion date was July 1st, 2023.

  This constitutes a mispleading because the complaint, a formal court document, contains an incorrect factual detail. The homeowner's lawyer would likely file an amended complaint to correct this date, ensuring the court has accurate information.

• Example 2: Omission of a Key Defense in an Answer

  Consider a small business being sued for breach of contract. When drafting their official response to the lawsuit (called an "answer"), the business's attorney inadvertently forgets to include a crucial legal defense: that the contract was never properly signed by an authorized representative of the other party, even though they have evidence to support this claim.

  This is a mispleading because the answer is incomplete and fails to present all relevant legal arguments. The attorney would need to seek the court's permission to amend the answer to include this vital defense, which could significantly impact the case's outcome.

• Example 3: Procedural Error in a Motion

  Suppose a lawyer files a motion asking the court to dismiss a case because they believe the opposing party's claim is legally insufficient. However, instead of citing the correct legal rule for dismissal based on "failure to state a claim," the lawyer mistakenly cites a rule for "summary judgment," which requires a different legal standard and a showing that there are no factual disputes.

  This is a mispleading because the motion, a formal request to the court, incorrectly applies the law or procedure. The lawyer has pleaded incorrectly by using the wrong legal basis for their request, and the court might require them to refile the motion with the correct legal standard.