9.12 - A. Pleadings

• Jurisdiction: New York

A. Pleadings

“The main mission of an affirmative pleading . . . is to give notice.”²⁰⁸¹ The notice requirements for affirmative pleadings are as follows: “Statements in a pleading shall be sufficiently particular to give the court and parties notice of the transactions, occurrences, or series of transactions or occurrences, intended to be proved and the material elements of each cause of action or defense.”²⁰⁸² In addition, “[e]very pleading shall consist of plain and concise statements in consecutively numbered paragraphs.”²⁰⁸³ Well-drafted pleadings “tend to minimize procedural motions and are more likely to prompt settlement in an appropriate case.”²⁰⁸⁴

To avoid waiving an essential issue by submitting a vague pleading, draft pleadings with certain strategies in mind. First, investigate the factual issues and research the applicable law before drafting a pleading. As noted, reference to the N.Y. Pattern Jury Instructions can help to ensure that you cover every element of a cause of action. Second, move to amend the pleading if a...