7. DRAFTING PLEADINGS

THE LITIGATION PROCESS

BACKGROUND: "Civics 101 (Maryland version)"

A. Three branches of government

B. Difference between CIVIL LAW and CRIMINAL LAW

C. Difference between FEDERAL and STATE Courts

D. Difference between MARYLAND STATE District Courts and STATE Circuit Courts

1. IN GENERAL. The formal litigation process generally begins with the filing of a COMPLAINT by the Plaintiff, which must be SERVED on the Defendant. The Defendant then files an ANSWER. Both parties then engage in the DISCOVERY PROCESS. Sometimes during that process, MOTIONS are filed. Eventually, unless the case settles or is otherwise resolved by the Court, a TRIAL occurs. Depending upon the result at trial, occasionally one or both parties may file an APPEAL.

2. A PRIMER ON THE MARYLAND PLEADING RULES

3. COMPLAINT. A well-plead complaint includes all of the following:

a. A CAPTION, which includes an identification of the parties by name and address, as well as an identification of the COURT in which the complaint is being filed.

b. A BODY, which, in SEPARATELY NUMBERED "PARAGRAPHS" (each containing, typically, a single sentence), includes:

(1) an explanation as to who the parties are including (a) where they live or work, and (b) who they are to each other, as is relevant to the litigation;

(2) a statement as to how the court has SUBJECT MATTER JURISDICTION over this TYPE OF SUIT;

(3) a statement as to how the court has PERSONAL JURISDICTION over each defendant;

(4) a statement as to how that *county* has VENUE over the litigation;

(5) a statement of all the relevant FACTS concerning the case; and,

(6) at least one legally recognized THEORY OF RECOVERY (called a "count"). Complaints may include as many THEORIES OF RECOVERY ("counts") as a creative attorney can argue for, but each must be set out in a separately designated and numbered section of the complaint; and,

(7) at least one PRAYER FOR RELIEF (i.e., what you want the court to do for you); and,

c. A SIGNATURE BLOCK, which identifies by name, address and phone number the person who is filing the complaint.

d. CAUSES OF ACTION.

(1) Civil v. Criminal

(2) Contract v. Tort

(3) Intentional Torts v. Unintentional Torts

Maryland Tort Law Handbook - Table of Contents

4. SERVICE. After the court processes the complaint, it must be SERVED on each Defendant. This means that it must be delivered to each Defendant in such a manner that the court is satisfied that he/she has actually received it. The person who serves the complaint on a Defendant must then certify that fact to the court.

5. ANSWER. The ANSWER should state which facts the defendant agrees with and which he/she doesn't.

6. THEORIES OF RECOVERY. These may sound in ANYTHING legally recognized in the state where the suit if filed. These may include CONTRACT or TORT; Tort claims, in turn, include both theories of NEGLIGENCE and theories of INTENTIONAL TORTS.

7. EXAMPLES:

(a) COMPLAINT: Amazon filed suit against more than 1,000 people it said were offering to sell fake product reviews.

(b) COMPLAINT: Bill O'Reilly hit by sexual harassment suit. (NOTES: parties' addresses not on page 1. Counts start on p. 18.)

(c) COMPLAINT: Hadley complaint. Good example of a modern complaint (NOTE: No addresses on page 1. Only 1 count.)

(d) COMPLAINT: Winery owners dispute (PROBLEM: paragraphs not numbered)

(e) COMPLAINT: Hulu complaint (Another good example of a modern complaint, with all sections separately designated)

(f) COMPLAINT: Spotify complaint (A third good example)

(g) COMPLAINT: Nirvana lawsuit

(h) ANSWER: Typical example.

(j) Jurisdiction - An article

8. COMPLAINT RUBRIC