It’s been a while since Civ Pro class, so here’s a quick FRCP refresher. A claim for relief– which is to say, just about any complaint filed in federal court– has to be short. And plain. See Rule 8.
Rule 8. General Rules of Pleading
(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.
In other words, NOTICE PLEADING. Sure, you must show facial plausibility– which requires some facts– but not the whole narrative (see Iqbal). If you’re fortunate enough to be in a Notice Pleading state, good on ye. This stuff applies to your whole practice. In Fact Pleading states like mine… not much you can do to avoid lengthy pleadings entirely, but still… keep it short, Counsel. Or as short as possible.
Missing the magic words in Rule 8 is pretty costly when a defendant must be served abroad. With only a couple of exceptions, translation of service documents is mandatory in any foreign country that (1) is party to the Hague Service Convention and (2) didn’t once have the Union Jack flying over it. So if you have a 120-page complaint, plan on writing a very large check to the translators– five figures, easy. If you have seven hundred pages of patents as exhibits, it could be six figures.
Remember that we don’t get paid by the word, but translators do. There’s a very easy way to keep that translation bill down, and that’s by adhering to 8(a)(2) with a vengeance.
Repeat after me: SHORT. PLAIN. SHORT. PLAIN.
Stop it with the War & Peace thing, Tolstoy.
[This post is a mere 268 words long– not counting the rule text. That is intentional.]