LAW 521-002 – Civil Procedure I

Complaint


Rule 8 requires a short, plain statement of jurisdiction, claim, and relief.

Complaints must allege "facts", not just "conclusions" and "recitation of the elements", that make relief "plausible" on its face, drawing on the court's "judicial experience and common sense". Iqbal.

This requires more than a mere possibility of liability.

Under 12(b)(6), the court must accept all facts in the pleading as true.

In fraud cases, the circumstances constituting fraud must be stated with particularity. Rule 9(b).