The Form of a Kentucky Pleading

 

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Introduction

This booklet is about the format of a clearly defined category
of legal paperwork. It is the type of paperwork that is filed
with a court. The form of a pleading means the layout and the
arrangement of different essential functional parts, but not the
substance or customized contents, of the papers that move civil
litigation from beginning to end. The form of a pleading includes
its appearance, but it is not limited to issues of appearance. To
say the form of a pleading is not about the specific substance of
a particular pleading is not to suggest the form of a pleading is
superficial. 

The form of a pleading

Here, the word ‘pleading’ is used in a very broad sense to include
any original document a party may file with a court, including
motions, proposed orders, briefs and any other paper. Civil Rule
7.01 limits use of the word ‘pleadings’, in a technical sense, to
complaints, answers, a reply to a counterclaim, an answer to a
cross-claim, a third-party complaint and a third-party answer. For
clarity, ‘Rule 7.01 pleadings’ will be used to mark the distinction,
when needed. Otherwise, the word ‘pleading’ will be used for
any pleading, motion or other paper that must be clearly identified as
belonging with a specific civil action.

The form of a pleading is important. The form of a pleading is
mandated by the Kentucky Rules of Civil Procedure. It is highly
functional.

Proceeding in small claims division is considerably different from
general civil proceedings outside the small claims arena. The small
claims division uses a simplified and limited procedure. This book
is not about small claims formats or pleadings.

However, an action that starts in the small claims division may
sometimes be bumped out of small claims and into the court’s
general jurisdiction. In that event the simplicity of small claims
ends and the information in this booklet may be of use.

 

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Tom Fox, J. D.

This is not legal advice and I am not a lawyer.