Essential Points

Notice pleading means a complaint only needs to provide enough information so that the defendant knows why he is being sued. Notice pleading is considered the easiest possible standard for plaintiffs to meet. Some states only require notice pleading. The federal courts apply a more rigorous standard.

Is notice pleading the standard for Complaints in federal court?

No. Complaints must meet the somewhat more rigorous standard of Rule 8 as interpreted by the Supreme Court. The Complaint must contain enough facts to show that the plaintiff is plausibly entitled to the relief that she seeks.

What is subject matter jurisdiction?

Subject matter jurisdiction means the power of a court to hear a case. Federal courts cannot hear every type of case. Congress empowered federal courts to hear cases that arise from parties in different states ( diversity jurisdiction) and cases that arise under federal law (federal question jurisdiction).

Responding to allegations

• In responding to a complaint or a counterclaim a party will file and serve an Answer and any Affirmative Defenses. In the Answer a party will admit or deny the allegations in each paragraph of the Complaint.
• If a party fails to respond to an allegation then the allegation is admitted.

Inconsistencies are permitted

• Rule 8(d) allows parties to raise inconsistent and alternative claims and defenses.
• For example, if a defendant is alleged to have breached a loan agreement he can raise as defenses that (i) he never borrowed the money; and (ii) he paid back the money. Although (i) & (ii) are unlikely to both be true, Rule 8 permits this inconsistency.
• Likewise, a plaintiff can argue that a defendant defrauded him by (i) sending him false and misleading documents and in the alternative (ii) that the defendant failed send to the same documents as promised.