Chapter 3: Before You Begin

• Pages: 47-58
• Author: Janet S. Kole

Chapter Two

In other jurisdictions, you must set out each element of the

relief you seek:

“WHEREFORE, plaintiff demands judgment in its

favor on counts 1through 4ofthe complaint, and

an immediate injunction forbidding defendant

from continuing to defame plaintiff, plus damages

for emotional distress in an amount in excess of

[jurisdictional amount to get into court], plus such

other relief as the court deems just and proper.”

Do you want attorneys’ fees? (Of course, your client

does, but is your client entitled to them under astatute or

caselaw?) Do you want costs (different from attorneys’

fees—usually filing fees and possibly costs of service of

process)? It’salways agood idea to add arequest for fees

and costs to the Wherefore paragraph.

So, as always, read the rules and try to find atemplate

from your colleagues that will give you the keys to local

practice in your jurisdiction.

F. Miscellaneous Considerations

1. Verification

Must your complaint be verified? For some causes of action

in some jurisdictions, you must append asigned verifica-

tion from the plaintiff attesting to the truthfulness of the al-

legations of the complaint. In some jurisdictions, such as

Pennsylvania, every complaint must be verified. In federal

court, no verification of the complaint is required except for

Writing the Complaint37

certain claims. Check the rules! And, as aprudential matter,

don’tverify the pleading yourself. If your client has

scammed you, and you have attested to the veracity of the

untrue allegations, you can be in deep trouble with your

state bar as well as with your bosses and the judges in your

jurisdiction.

2.Jury Trial

Do you want ajury trial? In many jurisdictions, if you don’t

request ajury trial in the complaint, you can’task for it later.

In some jurisdictions, such as Pennsylvania, you must make

the jury demand on the face of the complaint. In others,

such as New Jersey,ajury demand is pleaded in aseparate

section at the end of the complaint, along with astatement

of the identity of trial counsel. If you think you might want

ajury trial, the best practice is to ask for it. If as the case

proceeds you change your mind, in most jurisdictions you

can waive the jury demand.

3.Other Local Requirements

Are there other requirements for the complaint in your ju-

risdiction? In some states, such as New Jersey,and in the

federal courts, you must file with the complaint acase in-

formation statement that allows the clerk to determine

whether the case is complex and requires minimal or max-

imal discovery.Insome jurisdictions today,you must file a

notice in both English and Spanish notifying the defendant

that “you have been sued.” In Pennsylvania, you must

stamp a“notice to defend” on the complaint with the due

date of the response.

38 Pleading Your Case: Complaints and Responses