What is the pleading stage of civil procedure?
Pleading is the first step in civil procedure in Virginia. This is when the plaintiff (the party bringing the lawsuit) and the defendant (the party being sued) make their legal claims and defenses in a written document. During the pleading stage, each party describes their version of the facts and puts forth their legal claims and defenses. For instance, the plaintiff might describe why they believe the defendant is legally responsible for damages. The defendant, on the other hand, might state why they believe they are not responsible for the damages. Both parties must set out the facts of their argument in detail and provide evidence to support their claims. The pleadings not only provide the court with the facts and evidence, but they also shape the way the rest of the trial will unfold. This means that the court is aware of what each party’s legal claims are, so they can focus on those issues during the trial. Once the pleadings are complete, the court must decide if there are any legal issues that need to be decided before the trial begins. If there is no dispute, then the case can proceed to the trial stage. If the court finds that there are issues that must be decided first, those issues are referred to as “preliminary matters” and are addressed before the trial.
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