Civil lawsuits are prosecuted and defended with three main types of documents: pleadings, motions and discovery. Pleadings frame the basis for the claims and defenses, motions ask the court to make a ruling or order, and discovery documents the facts used to prosecute or defend the lawsuit.

Definitions

According to Black's Law Dictionary, a "pleading" is a document filed with the court that alleges claims, alleges defenses or denies claims. "Discovery" is the "act or process of finding or learning something that was previously unknown," and the "compulsory disclosure, at a [lawsuit] party's request, of information that relates to the litigation." Unlike pleadings, discovery documents are not filed with the court unless the court requests it.

Types of Pleadings

In the federal legal system, there are several pleadings. These are three of the major ones: The "complaint" is the pleading that the plaintiff uses to begin the civil action. It provides the basis for federal jurisdiction, allegations for relief and request for relief. The "answer" is the defendant's first response to the plaintiff's complaint. It usually denies the allegations in the complaint, provides defenses and may set forth counterclaims. The "cross-claim" is a claim filed by one co-defendant against another or even by one co-plaintiff against another. In some states, similar terminology such as "cross-complaint" or "counterclaim" is used.

Types of Discovery

There are several common discovery devices used to obtain information for use in a lawsuit: The "deposition" occurs when a person testifies outside of court, but under oath, for potential use later in court. Its primary function is to gain information for prosecution or defense of a lawsuit. For example, if a person witnessed a fight between two men, that person could be deposed to find out what the individual witnessed during the fight. The "interrogatory" is a written question asked of an opposing party. Common interrogatories include the opposing party's occupation and witnessing of events central to the lawsuit. The "request for production" is a request to review a person's written documents. For example, in a former employee's lawsuit for improper termination, the former employee's attorney would request copies of the former employer's annual performance reviews of the employee. The "inspection demand" is a request to inspect an object or place relevant to the lawsuit. For example, if a child's mother is suing a neighbor because her child drowned in the neighbor's pool, the mother's lawyer would use an inspection demand to inspect the pool.

Source:

Black's Law Dictionary; Bryan A. Garner, Editor; Seventh Edition; 1999