A short plain statement.

"A short and plain statement."

"The grounds for the court's jurisdiction."

"Showing that the pleader is entitled to relief."

"A demand for the relief sought."

These, very generally, are the federal "general rules of pleading"--what you must include in a civil complaint--under Federal Rule of Civil Procedure 8(a), and most states' rules mirror these federal requirements.

What does this mean? Well, different things to different lawyers.

Drafting a complaint is an art. I like to keep three things in mind:

🤔 Have I pleaded enough to survive a motion to dismiss?

🤔 Have I complied with my ethical obligations?

🤔 Have I sufficiently told my client's story as the facts stand right now?

Each question has its own considerations.

⚖️ If a defendant files a motion to dismiss, the court will test the complaint's legal sufficiency, asking: does it state a claim that is plausible on its face. Meaning: can the court draw reasonable inferences that the defendant might be liable for the alleged conduct. I think of this as: is the defendant on sufficient notice of what the claims are and what facts, at this stage, support those claims?

⚖️ Another rule governs the ethical considerations: Federal Rule of Civil Procedure 11. By signing any pleading, motion, or paper filed with the court, I'm certifying that it is not for an improper purpose, to harass, to delay, or to increase litigation costs. It also is a promise that the claims are supported by existing law and presented for nonfrivolous reasons. I think of this as: are we pursuing this case in good faith?

⚖️ Finally, the complaint tells the story. It is the first thing the court receives. It also shows some of your hand to the other side. There's a fine line between laying it all on the table and giving away too much. I think of this as: showing we mean business but not overstating the positions.

I don't get to draft complaints often, but I so enjoy the opportunity when it arises. And, these considerations apply when answering a complaint (or moving to dismiss one). More on that later.

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