Question: What is “Notice Pleading”?
Answer: When you file your complaint against defendant, plaintiff merely has to give enough facts in the complaint that would put a reasonable person on notice as to why plaintiff sues. The principles of notice pleadings are utilized in Indiana. Rule 8(A) merely requires (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for the relief to which the pleader deems entitled. Also, Rule 8(F) provides that all pleadings shall be so construed as to do substantial justice, lead to disposition on the merits, and avoid litigation of procedural points. Notice pleading is designed to discourage battles over mere form of statement and to sweep away needless controversies that have occurred either to delay trial on the merits or to prevent a party from having a trial due to a mistake. Indiana’s notice pleading rules do not require the complaint to state all elements of a cause of action. Notice pleading merely requires pleading the operative facts so as to place the defendant on notice as to the evidence to be presented at trial. Under notice pleading, the issue of whether a complaint sufficiently pleads a certain claim turns on whether the opposing party has been sufficiently notified concerning the claim so as to be able to prepare to meet it. A complaint’s allegations are sufficient if they put a reasonable person on notice as to why a plaintiff sues.