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Pleadings
Barrister Amna (Alevels Academy Islamabad)
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8/20/2024
A Levels Academy Islamabad
Category
🦄
Creativity
Transcript
Display full video transcript
00:00
Everything is a process.
00:02
Losing weight, buying a pet, besieging a castle.
00:06
A civil court case is no exception.
00:09
And it's important to know what these processes are before heading into the courtroom.
00:13
Because knowing is half the battle.
00:16
The other half is, well, the battle itself.
00:19
So let's start at the beginning of a case and explain the pleadings.
00:23
Pleadings are the formal written statements submitted at the opening of a court case.
00:29
The first step is the plaintiff, the person suing or accusing, submitting a complaint.
00:34
This is what officially starts the case itself, like a kickoff in football.
00:40
The complaint is a statement of the plaintiff's cause,
00:43
basically their whole reason for bringing the defendant to court.
00:47
They then ask for relief or damages as a result.
00:51
Now comes the defendant's turn, the person being sued or accused.
00:56
They answer with, you guessed it, the answer, official term.
01:02
Here, the defendant either admits or denies the facts stated in the complaint,
01:08
going on to give any reason why the plaintiff shouldn't win this case.
01:13
That's not all the defendant can do, however.
01:16
The defendant can also claim or allege, as the lawyers like to call it,
01:20
that certain affirmative defenses apply.
01:23
Be sure to see the LegalYou video on affirmative defenses to learn more about these.
01:28
Meanwhile, the defendant can also make a counterclaim,
01:31
which essentially turns the tables on the plaintiff.
01:34
Here, the defendant claims they are in fact the ones that have been wronged,
01:38
seeking damages as a result.
01:40
If a counterclaim is made, the plaintiff must respond to that
01:43
by either admitting or denying the allegations.
01:47
Now, as the case goes along, the parties may need to change their pleadings
01:51
if new information comes to light or if they realize a mistake.
01:55
A party changes their pleading by way of an amendment.
01:59
Generally, these amendments will be allowed if the new pleading
02:02
alleges a claim that the law recognizes,
02:05
in which case the suit proceeds accordingly with these changes.
02:09
LegalYou provides this and other expert advice
02:12
for anyone going into court without an attorney.
02:15
And by knowing the procedures beforehand and preparing for them,
02:19
any uncertainty will be replaced with confidence.
02:22
LegalYou. You can do this.
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1:41
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