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In this lesson, you will learn the plaintiff\’s strategy at the complaint stage, the defendant\’s strategy at the complaint stage, and the elements of a complaint that must be present for a complaint to be valid.
A complaint is successful if it survives dismissal. The summons accompanying the complaint is successful when it puts a defendant on proper notice of the lawsuit.
Plaintiff’s Strategy
Plaintiff’s strategy at the Complaint stage is to ensure:
- proper jurisdiction (personal, subject matter)
- proper venue
- alleged facts support all elements of the claim
- allegation of harm
- proper service
A plaintiff must successfully ensure all of these factors.
Defendant’s Strategy
Defendant’s strategy at the Complaint stage is to show:
- improper jurisdiction (personal, subject matter)
- improper venue
- alleged facts fail to support elements of the claim
- lack of harm
- improper service
A defendant should successfully attack any of these factors.
Your Strategy
Take a moment to think about what YOUR strategy should be at the Complaint stage.
- Was the case filed in the right court?
- Are all elements of the claim(s) present in the complaint?
- Were all defendants properly served?
You should answer these questions no matter whether you’re a plaintiff or defendant in your case.
Transcript
Now let\’s discuss effective strategies for the complaint stage of a lawsuit. Party in a lawsuit have vastly different goals. The plaintiff wants to avoid a dismissal by making the complaint rock solid.
The defendant wants to avoid a default judgment and get a dismissal by destroying the complaint.
The strategy for both parties focuses solely on the complaint, on what it contains, where it was filed, and how it was given to the defendant.
What should a plaintiff do to ensure an airtight complaint and avoid a dud? The case must be filed in the proper jurisdiction.
That is, a court authorized to handle it. It must also be filed in the right venue or convenient location for the defendant.
In the complaint, the plaintiff must state the facts and elements that support the claim as well as the harm done. The summons must be properly served on or given to the defendant In short, the defendant must know he\’s being sued and why.
The defendant\’s strategy?
To see the complaint punch full of holes and dismissed, a dut.
Everything that the plaintiff needed, flip it. The defendant needs the opposite. In his response, he\’s looking for weaknesses in jurisdiction, venue, facts, and the issue of harm and service. He wishes the plaintiff would get one of these wrong. Just one.
Now it\’s your turn. Take a minute to think about what your strategy should be at the complaint stage.
Was the case filed at the right court? Are all elements of the claims present in the complaint?
Were all the defendants properly served?
You should answer these questions whether you\’re a plaintiff or defendant in the case.