fact pleading
Fact pleading is one of the two main pleading systems in the United States. Pleading rules establish what must be alleged for a lawsuit or other claim to proceed. They ensure that claims rest on sufficient grounds and that the opposing party is informed of the claims against them. Under fact pleading, the party bringing the claim must allege the specific facts necessary to establish each element of the cause of action. For example, in a breach of contract claim, the pleading would generally need to state the existence of a valid contract, the clause alleged to have been broken, and the specific act that constituted the breach. The degree of factual detail required varies by jurisdiction and by the type of claim.
Fact pleading is stricter than notice pleading, which is used in federal courts and most state courts. Notice pleading requires the claimant to allege the legal issues at stake, with federal standards requiring enough factual allegations to make a claim plausible but not the level of specificity demanded under fact pleading. The differences between the two systems can significantly affect the outcome of cases and have been debated for centuries. High factual requirements can limit the scope of discovery and argument, but reduce frivolous claims. More flexible standards allow claims to proceed even when all facts are not yet known, ensuring access to the courts.
[Last reviewed in August of 2025 by the Wex Definitions Team]
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