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07/09/08
Take Rule 8(a) of the Federal Rules of Civil Procedure, which governs pleadings. It says, "A pleading that states a claim for relief must contain...a short and plain statement of the claim showing that the pleader is entitled to relief..."
Contrast that with Rule 9(b) of the same rules: "In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake."
In other words, does "particularity" conflict with "short and plain?"
It just might. A plaintiff in Washington State filed a 435-page complaint about racketeering — 435 pages! It took eight pages just to go over the title of the complaint. So the judge had something to say, apparently following Polonius's dictum that brevity is the soul of wit and should be the soul of a pleading:
Plaintiff has a great deal to say,
But it seems he skipped Rule 8(a).
His Complaint is too long,
Which renders it wrong,
Please rewrite and refile today.
Eight pages for the title. Another 18 pages to detail six defendants. Yes, the judge didn't want to wade through all of that. And this poor plaintiff's attorneys are now suffering the humiliation of having a judge smack them down royally.
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