Are you about to file a case in West Palm Beach probate court to contest a will? Do you know how to properly plead a Complaint to keep the other side from dismissing your claim? You may need to get a little more familiar with the Florida Rules of Civil Procedure to get your pleadings in line with what the Court wants.
What are Pleadings?
- A pleading is what you file with the Court to start or respond to a lawsuit.
- In lawyer terms these are called complaints and answers.
- Federal and State Courts in West Palm Beach have specific rules to determine whether or not a complaint or answer is properly plead.
- If you are unsure how to proceed you may want to talk to an experienced Palm Beach probate litigator about drafting your complaint and/or answer.
- You may not be filing JUST one or the other.
- Often times when you sue one party in West Palm Beach they counter-sue.
- Do you know what that means?
- You could be defending and litigating a case at the same time.
What do I have to Plead?
- What you are pleading determines how you plead.
- For example did you know that you may have a higher burden in proving fraud as opposed to proving undue influence?
- Experienced Palm Beach probate litigators know that fraud must be plead with specificity under the rules of procedure.
- Can you guess why?
- Florida Courts especially those in West Palm Beach do not want to waste their time trying to determine who defrauded who without specifics.
- You may want to consider challenging a will through undue influence or lack of testamentary capacity before you jump to fraud.
- If you plan on alleging fraud be prepared to allege the specifics.
- For example who said the fraudulent comments?
- When did they say them?
- Were they made with the specific purpose of inducing you to act?
- If you have a viable case in West Palm Beach you have got to get the pleadings done right, preferably the first time.
- Sure you may get a chance from the West Palm Beach probate judge to amend but now the other side knows your case and that you are drafting poorly.
- It is not good to start a case off with a dismissal for a poorly plead complaint.
- Get it right the first time and trust an experienced Palm Beach probate litigator to get you there.