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Code Pleading

Definition

An older and more demanding pleading system that requires parties to state specific facts supporting each element of their claim, as opposed to notice pleading. The Federal Rules of Civil Procedure were designed to replace code pleading with the simpler notice-pleading standard.

Examples

  • Justice Kagan hypothesized that a state could effectively reinstate code pleading by requiring detailed affidavits on specific factual elements before a lawsuit could proceed.

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