Rarely will you be asked as a paralegal to research a template or sample complaint, as most law firms have standardized their own templates. However, it is useful to see several variations of complaints, especially in your own state. The basic requirements for all complaints are the same: the factual basis for the cause of action, the harm suffered, and the remedy sought. There are differences among various states as to the specificity of facts that must be alleged. For this week’s assignment, you are researching sample complaints, as well as information pertaining to complaints for your state.
First, research a state court complaint for your state, and a federal court complaint for a federal court in your state. Explain the information from the two complaints by comparing and contrasting the similarities and differences between the two. Then, explain any pleading requirements for your state and how they differ from federal pleading requirements.
- Are there any causes of action which require “heightened pleading”?
- What remedies are potentially available to a plaintiff in a civil cause of action?