FRCP/Pleadings

Rule 7: Pleadings Allowed; Form of Motions

Quick Answer

What is Pleadings Allowed; Form of Motions?

Rule 7 limits the types of documents that count as 'pleadings' in federal court. The main pleadings are the complaint (which starts the case) and the answer (the defendant's response). Beyond that, you get answers to counterclaims, crossclaims, and third-party complaints. A reply to an answer is only permitted if the court specifically orders one.

Source: Fed. R. Civ. P. 7

Plain English Explanation

Rule 7 limits the types of documents that count as 'pleadings' in federal court. The main pleadings are the complaint (which starts the case) and the answer (the defendant's response). Beyond that, you get answers to counterclaims, crossclaims, and third-party complaints. A reply to an answer is only permitted if the court specifically orders one.

This rule draws a clear line between pleadings and motions. A pleading states a party's claims or defenses. A motion is a request asking the court to do something — grant summary judgment, compel discovery, dismiss a claim, etc. Motions must clearly state why the party is entitled to relief and what specific relief they want.

The closed list of pleadings matters because it prevents parties from filing endless rounds of responsive documents. If you want to raise new arguments or challenge the other side's pleading, you generally do it through a motion, not another pleading.

Key Points

  1. 1Only seven types of pleadings are allowed in federal court
  2. 2A reply to an answer is permitted only when the court orders one
  3. 3Motions must state the grounds with particularity and specify the relief sought
  4. 4The distinction between pleadings and motions is fundamental to federal procedure

Common Exam Issues

  • Whether a document qualifies as a pleading or a motion
  • When a reply to an answer is required or permitted
  • The effect of filing an unauthorized pleading

Important Cases

Swierkiewicz v. Sorema N.A., 534 U.S. 506 (2002)

Jones v. Bock, 549 U.S. 199 (2007)

Related Rules

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