Pleadings
The Complaint
Specificity
Fact Pleading vs.
Notice Pleading
Mo vs. Feds
• Mo
• Officially: Fact Pleading
• Practically: Slightly Strict
Notice Pleading
• Federal Courts (including MO)
• Notice Pleading
Fact Pleading in MO
• Elusive Trichotomy
• Legal Conclusions
• Evidentiary Facts
• Ultimate Facts
• Practical Approaches
• MAI
• Outline (Levels of Abstraction)
Drafting
Why Plead Generally?
• Why Would P Want to Avoid
Specificity?
• Discovery Limitations
• Limitations on Proof
• Rule 11
• Statutes of Limitations
• Surprise
Gillespie v. Goodyear
• Who was P suing?
• What did she allege?
• What was wrong with her
complaint?
• What is the purpose of a
complaint?
• Did Gillespie’s complaint serve
those purposes?
Conley v. Gibson
• What is the Conley standard for
sufficiency of a complaint?
• Motion to dismiss should not
be granted unless
• It appears beyond doubt
• That P can prove no set of facts
• In support of P’s claim
• That would entitle P to relief.
Board of Harbor Commissioners
• What did P allege in this case?
• Based on this case
• What is the standard for
granting a 12(e) motion for
more definite statement?
• How often would you expect
one to be granted?
• What does the language of the
rule tell you?
• Look Out for Crawford-El!