What is the pleading stage of civil procedure?

The pleading stage of civil procedure in Delaware is the first step in a civil case. It is when the parties involved in the case lay out their legal arguments and evidence in writing. The goal of the parties is to prove their claim or defense in the case. The plaintiff, or the person who is bringing the lawsuit, is the one who starts the pleadings by filing a complaint. This complaint lays out the facts of the case and explains why the plaintiff believes they have a legal claim or defense. The complaint should also include the type of relief the plaintiff is seeking, such as monetary damages or an injunction. The defendant, or the person being sued, then responds to the complaint by filing an answer. The answer typically responds to each allegation made in the complaint. The defendant may also raise affirmative defenses, which are legal arguments that the defendant believes should prevent the plaintiff from recovering damages. This stage continues until the parties have completed their pleadings. After the pleadings are finished, both parties can make motions to the court to decide certain issues in the case before the case goes to trial. The pleadings stage prepares the parties for trial by allowing them to clearly lay out their legal arguments and evidence before the court.

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