What is a pleading in an insurance litigation case?
A pleading is a formal written document that is filed with the court in an insurance litigation case. It outlines the parties involved in the dispute, what the dispute is about, and any legal arguments the filing party wishes to make. In Georgia, there are three types of pleadings which can be filed in an insurance litigation case: a complaint, an answer, and a counterclaim. A complaint is a legal document used to initiate a lawsuit. It outlines the facts of a dispute and the legal causes of action the plaintiff is bringing against the defendant. It must be filed with the court in order to begin the lawsuit. An answer is a document used by the defendant to respond to the allegations in the plaintiff’s complaint. The answer typically denies the facts and the legal arguments made in the plaintiff’s complaint. A counterclaim is a legal document used by the defendant to bring their own cause of action against the plaintiff. It is typically filed after the defendant has answered the plaintiff’s complaint. In Georgia, a party must file their pleadings within 30 days of the other party filing their complaint. Failure to do so may result in the party being barred from filing their pleadings or having to pay sanctions.
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