A brief guide to the Federal Rules of Civil Procedure -- pretrial
Since Chase-Riboud v. Dreamworks, Inc. is being heard in federal
court (the District Court for the Central District of California), the
procedural rules of the case are set by the Federal
Rules of Civil Procedure, which are approved by the United States Supreme
Court.
Pleadings generally
The formal written statements submitted at the opening of the trial are
called the pleadings. The plaintiff first submits a complaint, then the
defendant submits its answer.
The English common law and early American law contained highly technical
pleading requirements, which frequently resulted in parties losing otherwise
good cases for failing to meet the complicated requirements of form. The
Federal Rules of Civil Procedure are written so as to encourage "simplified
pleadings." That is, the Rules are written as much as possible to avoid
a party losing his or her case because of obscure technicalities in the
pleading laws. (There was a long tradition in the English common law of
highly technical pleading requirements.)
The rules for pleading, and the concept of simplified pleadings, are
set out in Section
III of the Federal Rules.
The complaint
Rule
3 states that a civil case is started when the plaintiff files a
complaint with the district court. The contents of the complaint are
regulated by Rule
8(a), which requires:
-
a short and plain statement of the grounds upon which the court's jurisdiction
depends,
-
a short and plain statement of the claim showing that the plaintiff is
entitled to relief, and
-
a demand for judgment for the relief the plaintiff seeks.
According to the Seventh
Amendment to the U.S. Constitution, all citizens have the right to
a trial before a jury. Rule
38 preserves this right, and sets out the procedure by which a party
may demand a trial by jury. In this case, Ms. Chase-Riboud has demanded
a jury trial in her complaint.
The answer
The defendant's first response to the complaint is a, appropriately enough,
called the answer. The format and form of the answer is set out in Rule
8(b). It requires a short and plain statement of the defendant's answers
to each claim asserted. The defendant must admit or deny the plaintiff's
claims, or state that (s)he does not have enough information to admit or
deny.
More links to topics dealing with civil
procedure
.