What Is a Pleading?
The basic forms of pleadings are complaints, answers, replies, briefs, counterclaims. We also consider other documents submitted to or by the court to be pleadings for formatting purposes (pretty much any document that would ordinarily have the case caption at the top in its finished state).
Use SW's default formatting for legal pleadings (below) unless the client requests otherwise.
When to Use Pleading Format
- All legal typists are expected to recognize when a pleading is being dictated, and to format them accordingly even if the client doesn’t say the word “pleading” or give a title.
- If a client dictates what sounds like a portion of a pleading but doesn’t either give a title or say “pleading”, please use pleading format and leave a comment to proof.
| Warning |
|---|
The defaults below should ALWAYS be used for pleadings, unless the client gives specific verbal instructions during dictation, or requests an acceptable pleading template (see Pleading Paper Templates). The pleading format below, including indented paragraphs, should be used even if the client's instructions call for block format. If the client instructions specifically say that they apply to pleadings, then of course they should be followed. |
Due to the diversity of different jurisdictions' pleading formats, SW has a very simple pleading format that's designed to be acceptable to most jurisdictions:
- Use 12-point font size of the client's default font;
- Use double spacing for the body of the pleading;
- Do not place extra blank lines between paragraphs (just hit Enter once and start a new paragraph);
- Always indent paragraphs;
- If client dictates numbered items, use our standard format (tab once, type paragraph number, tab again, type the text) unless client specifies a different format;
- Always use all caps for COMES NOW (or NOW COMES) and WHEREFORE (clients will often not dictate the capitalization, but it should always be used);
Case Captions
- Only type a case caption if it's dictated (see below for more on this).
- Case caption is single spaced and should appear similar to the example pleading below.
- Do not use a table to set up a case caption unless the client requests one, orally, in the written instructions, or it's set up in a client template the client has requested.
- Use the client's default font, but in the 12-point size.
PDF Pleadings
As with our standard PDF policy, if your PDF job is a typed pleading, the format of the fax/PDF overrides our default pleading format. Use SW default margins and the client's default font (12-point size), and otherwise format the pleading as you see it in the fax/PDF.
| Warning |
|---|
| DO NOT try to manually control the page endings of your Word document to match the page endings of the fax/PDF. |
Letter Briefs
Pleadings are sometimes prepared in letter form. If a client says "This is a letter to Judge Brown," and then dictates pleading language, please type per the client's request in letter format, using the client's default font (12 point is not required), default paragraph indentation and single spacing (unless the client gives other formatting instructions either verbally or in written instructions).
Follow the Instruction or Type It?
Some pleadings are very, very repetitive. For example, in answers to interrogatories, the client may have the same answer for most of the questions. After that, the client may say "No. 9, use the same answer we used for No. 8; Nos. 12-15, use the same answer."
| Warning |
|---|
Please follow these instructions – copy the answer you typed for No. 8 and paste it in for 11, 12, 13, 14 and 15, changing the number appropriately. DO NOT type this information as an instruction to staff – just follow the instruction, unless the client specifically says s/he does not want us to do this. |
Example Pleading
The following sample document will give you an idea of what a pleading should look like and how it should be formatted.
| Copyright | ||
|---|---|---|
| ||
SpeakWrite, LLC 2012-2019 |