Pleadings
Where the Case Begins
State the Facts You Plan to Prove
IN THE THIRTIETH JUDICIAL CIRCUIT COURT
IN AND FOR SUNSHINE COUNTY, FLORIDA1
PETER PIPER,
Petitioner,
v. BORIS BADGUY,
Respondent.
____________/
Case No. _____________ 2
VERIFIED PETITION FOR TEMPORARY INJUNCTION 3
PETER PIPER petitions this Honorable Court to issue a temporary injunction and in support therefor states:
JURISDICTIONAL ALLEGATIONS
1. This is an action for a temporary injunction.
2. Petitioner resides in Happiness County, Florida.
3. The harm to be enjoined is threatened in Happiness County.
4. Respondent resides in Happiness County.4
5. This Honorable Court has jurisdiction.
FACTUAL ALLEGATIONS
6. Petitioner has personal knowledge that respondent Boris Badguy has a well-formed plan to cause petitioner serious bodily harm.
7. Boris Badguy recently threatened to break petitioner's knee caps with a baseball bat.5
8. The threatened harm would cause petitioner injuries for which a money judgment alone is insufficient.6
9. The threat is imminent because Boris Badguy promised to break petitioner's knee caps as soon as possible.7
10. An action for money damages alone is insufficient to restore petitioner to his status quo ante, because surgery alone cannot restore petitioner's knee caps sufficiently to allow petitioner to walk properly the rest of his life.8
11. The threatened harm to petitioner outweighs any substantial harm to Boris Badguy who will suffer no harm whatever in being prevented from breaking petitioner's knee caps.9
12. No substantial public interest will be contravened by the injunction sought.
13. A substantial likelihood exists that petitioner will prevail in this action, because facts obtained by discovery reveal that Boris Badguy has carried out similar threats and caused serious injuries to others.10
14. Boris Badguy is a convicted felon.11
15. A temporary injunction is necessary to protect petitioner from the threatened harm.
WHEREFORE petitioner moves this Honorable Court to enter an Order enjoining Boris Badguy from approaching petitioner within 50 feet, together with such other and further relief as the circumstances and demands of justice may warrant.
UNDER PENALTIES OF PERJURY I affirm that the facts alleged in the foregoing are true and correct according to my own personal knowledge.
Peter Piper, Petitioner
STATE OF FLORIDA
COUNTY OF HAPPINESS
BEFORE ME personally appeared Peter Piper who, being by me first duly sworn, executed the foregoing in my presence and stated to me under penalties of perjury that the facts alleged therein are true and correct according to his own personal knowledge.
Notary Public
My commission expires:
In a civil action plaintiffs allege that defendant owed a legal duty to plaintiff, that defendant breached that duty (by action or inaction), and that the breach caused plaintiff damages for which a money judgment (or other court order) is required by Justice to compensate plaintiff for his loss.
In a criminal action prosecutors allege that defendant owed a legal duty to the People in General, that defendant’s actions or inaction breached that duty, and that a money judgment or imprisonment is required by Justice to repair the People’s loss and protect the People from future loss.
Pleadings assert pleader’s right to have the court’s assistance to repair damage caused by defendants.
Pleadings say what the fight is about. Weak pleadings lose cases. Powerful pleadings win.
Proper pleadings lay a firm foundation for your case. Proper pleadings state all the essential fact elements that must be proven to win.
Proper pleadings tell who should win and why.
Where the Battle Begins
There are four types of pleadings:
Plaintiff starts the fight by filing a Complaint.
Defendant files an Answer to plaintiff’s Complaint (if she cannot avoid it with one of my “Flurry of Motions” explained later).
Along with her Answer, Defendant should file Affirmative Defenses (more on these in my class on Affirmative Defenses).
If she has any counterclaims, cross-claims, or third-party complaints, she MUST file these as part of the Complaint or forever lose the opportunity to do so. Each of these is just a type of complaint but filed by the Defendant.
Plaintiff may then file an answer to Defendant’s response complaints and a Reply to Defendant’s Affirmative Defenses.
Then, once all subsequent motions directed to or attacking the pleadings are disposed of, the pleadings are said to be “closed”.
No further issues may be raised once the pleadings are closed.
The pleadings define the issues in controversy.
Then the battles begin!
Flurry of Motions
Either party may attack a pleading using one or more of three motions.
This process is called “The Flurry of Motions”.
Almost every Complaint results in the Defendant filing a Motion to Dismiss. The other two are used less frequently, but all three can and should be used if the circumstances permit … because they keep the pleadings “open” until they are ruled upon by the judge.
Motion to Dismiss
This motion seeks to cancel the opponent’s Complaint (or counterclaim, crossclaim, or third party complaint if filed by Defendant).
Motion to Dismiss should be granted by the judge if the Complaint:
Motion to Strike
This motion can cancel part or all of a pleading if the allegations are:
These are explained in my Motions & Hearings class.
Motion for More Definite Statement
This motion cancels the Complaint if it contains things like this:
These statements make no sense.
No reasonable person could possibly know what they mean.
When this motion is granted, opponent must re-write his pleading.
Flurry of Motions Effect
When there are “legitimate grounds” for these motions they halt proceedings until the judge rules on them – granted or denied.
Judges cannot refuse to rule on motions, but you must do something or they will lie around in the clerk’s files. Motions compel “action”. Set them for hearing and get the judge to rule on them!
Nothing should be allowed to happen until every one of these motions directed to the pleadings has been heard and ruled upon.
If your judge allows your case to go forward when any motions directed to the pleadings have not been ruled upon, object!
These and other motions are explained in my class on Motions & Hearings class.
Conclusion
Pleadings are pleadings.
They are not motions, memoranda, notices, or anything else.
You learned there are only four kinds of pleadings:
Do not confuse pleadings with other tools in your case-winning toolbox.
The pleadings must be “closed” before the case can more forward.
Make certain this happens!
Do not let the judge move your case forward until the pleadings are closed!
The unauthorized reproduction or distribution of a copyrighted work is illegal.
Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by fines and federal imprisonment. No portion of this course may be published, duplicated, shared, or used by anyone other than the current subscribers.
© 1997-2025 by Dr. Frederick Graves
d/b/a Jurisdictionary®
All Rights Reserved
866-LAW-EASY ( 866-529-3279 )
19420 Heritage Harbor Parkway
Lutz, Florida 33558
lawbook@jurisdictionary.com
