Can you plead in the alternative?

Can you plead in the alternative?

Alternative pleading allows a pleader to allege two or more claims which are inconsistent with each other. Both the plaintiff and defendant may plead in the alternative. In federal court, Rule 8(d) of the Federal Rules of Civil Procedure allows for alternative pleading.

When can alternative pleading be allowed?

To put it another way, when there is no inconsistency on the facts and material on record, alternative or inconsistent pleas can be made in the pleading. But you cannot ask for two relief’s in alternative which are contradictory to each other.

How do you plead in alternative examples?

Debbie can’t remember whether she paid for the car. In fact, she thinks the car was a gift. And besides, Debbie thinks the car was defective so she should not owe any money to Paulina. At this point, especially if Debbie can’t remember whether she paid for the car or not, then she should plead in the alternative.

Is Pennsylvania a fact pleading State?

Pennsylvania is a fact pleading state, “consequently, a pleading must not only apprise the opposing party of the asserted claim, ‘it must also formulate the issues by summarizing those facts essential to support the claim.

How do you argue in an alternative?

Originating in the legal profession, argument in the alternative is a strategy in which a lawyer advances several competing (and possibly mutually exclusive) arguments in order to pre-empt objections by his adversary, with the goal of showing that regardless of interpretation there is no reasonable conclusion other …

What is an alternate claim?

Alternative Claims for Relief. A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses.

What does legal alternative mean?

noun. Legal Definition of alternative (Entry 2 of 2) 1 : a proposition or situation offering a choice between two or more things only one of which may be chosen. 2a : one of two or more things, courses, or propositions to be chosen. b : something which can be chosen instead.

What does in the alternative mean in court?

Can a pleading make inconsistent claims?

If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. (3) Inconsistent Claims or Defenses. A party may state as many separate claims or defenses as it has, regardless of consistency. Pleadings must be construed so as to do justice.

What is a pleading in PA?

Rule 1019 – Contents of Pleadings. (e) In pleading a judgment, order or decision of a domestic or foreign court, judicial or administrative tribunal, or board, commission or officer, it is sufficient to aver the judgment, order or decision without setting forth matter showing jurisdiction to render it.

What is a pleading requirement?

Basic Pleading Test: State complaints must contain a “statement of facts constituting the cause of action.” They must include a fact for each element of each cause of action. But those complaints must contain a “short and plain statement” that puts the defendant on “fair notice” of the claim.

What does in the alternative mean in law?

What does it mean to plead in the alternative?

What does pleading in the alternative mean? Rule 8 of the Federal Rules of Civil Procedure, and similar rules of procedure in state courts, allow parties to plead in the alternative. Pleading in the alternative means that a party in a civil litigation may plead different and even inconsistent legal theories or facts at the outset of a case.

What is “pleading” in civil litigation?

Pleading in the alternative means that a party in a civil litigation may plead different and even inconsistent legal theories or facts at the outset of a case. Here, pleading refers to Complaints and Answers and affirmative defenses.

Can a pleading be incorporated in another pleading?

(g) Any part of a pleading may be incorporated by reference in another part of the same pleading or in another pleading in the same action.

What is rule 1019 of the Federal Rules of pleading?

Rule 1019 – Contents of Pleadings. General and Specific Averments (a) The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. (b) Averments of fraud or mistake shall be averred with particularity.