Court Pleading Paper
I'm not a lawyer, I am a judgment referral expert
. This article is my opinion, and not legal advice, based on my experience in California. If you ever want a strategy to use or legal advice, please contact an attorney.
The words "Pleading Papers" have 2 definitions. The first is the careful and important wordings and concepts which form a formal response or a motion for a court matter, and this article isn't on that topic. This article discusses the alternative meaning of the phrase "pleading paper", which is the fundamental formatting needed on every court filing.
Every court has rules about what form all papers (pleading papers) needs to conform to, before they will get recognized for filing in their court. Every state has common court rules. In California, one would search for "California rules of civil court".
Most rules on pleading paper describe the use of spacings, fonts, styles, colors, line numbering, and margins. Even more court rules specify more substantial issues like describing records, transcripts, citing methodologies, etc.
There are many reasons for the laws and rules concerning pleading paper. One reason is to allow a court and all parties to find information quickly. Most courts require pleading paper with 28 lines, so all will know line 26 is at the bottom of the page.
Even a simple court motion must be typed with pleading paper, and comply with the rules of the court. The basics of pleading paper are using 28 lines along the left-hand side of each page, and choosing an easy to read typeface. Almost all courts have rules that certain things such as the court's name has to, for example, not above the 8th line of a 28-line page.
How does one make pleading paper? If you have Microsoft Office or OpenOffice, simply do a web search for "Microsoft office pleading paper". One can locate a free template that may be downloaded, opened, and then saved with most word processing applications.
When you download and save the template, copy it. Open the copy, and fill in your address, your state and city, and the text you'll usually include in simple notices or motions to the court. Then use "Save As" for each new document you need to create.
I have heard that those that use OpenOffice have better luck with the Microsoft pleading paper template, than they get by trying the built-in OpenOffice pleading paper template. Another way to go, is to go to a court and ask the clerk to pull any average case file, and then to copy a page or two for you. Choose pages that demonstrate the usual formatting of pleading papers for that court.
One could also configure a database, find templates, or find other software solutions to make court-compatible pleading papers. Another option is to visit your local law library. They have books having titles like "Practice Guides" and "Forms of Pleading and Practice", that have examples showing how to make pleading paper, with examples of various types of court requests.
Some courts are very picky, and certain ones have rules particular for their court. Some require pleadings in a particular style, with attached exhibits when relevant. Some mandate you use a separate proposed order pleading, and don't permit proposed orders to be included in the same pleading papers that an affidavit as would be on, for example, for an affidavit of identity.
Always check your local court's rules, and consider calling the court clerk before you try to file papers. Some courts require one to give them four copies, to be returned one copy of the court-endorsed papers for yourself.
Occasionally, certain court rules are not mandatory. The California Rules of Court requires 2-page Judicial Council forms to be printed on both sides of the same sheet of paper. Many courts in California do not enforce that rule.
In the few courts which do enforce this particular rule, it's usually a requirement to "tumble" the pages, with the 2nd side being "upside-down", relative to the first side. The reason for this, is so that if the papers are pinned at the top, both sides of each page may be viewed, without needing to rotate the file folder itself.
by: Mark Shapiro
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