What should be included in a pleading?
When you file a pleading with the court, the document must:

1. contain a caption that includes certain identifying information related to the case;

2. conform to local rules about paper and print size;

3. number each paragraph;

4. limit one thought to each numbered paragraph; and

5. attach relevant documents, depending on the kind of claim or defense.

What should be in the caption?
The document must have a caption (title) that identifies the case and also:

• identifies the court where the action is being filed;

• the case number and the name of the judge assigned to the case once one is assigned;

• the nature of the document that is being filed with the court (“Defendant’s Answer” or “Plaintiff’s Motion for Summary Judgment”); and

• who is filing the initiating document (for example, a complaint must have the names and addresses of all parties on each side).

Afterward, documents will only need to list the first named plaintiff and first-named defendant in the caption. If there are more than one plaintiff and/or defendant, the term et al. is used after the first named plaintiff and/or defendant.

What paper size should I use?
Documents filed with the court must be printed, typed or neatly handwritten on a single side of 8.5" x 11" paper, without any backing or covers. This includes any documents filed with the court by fax machine or electronically. Pleadings should be double-spaced.

How do I number items on my documents?
Each paragraph in a pleading must be numbered, and each paragraph can only have one thought or set of circumstances related to the claim or defense in the pleading. You should avoid run-on and complex sentences.

When a claim or defense is based on an account or another written document, you must attach a copy of that document to your pleading. If it cannot be attached, you must state in the pleading document the reason for not attaching it.

Medical Malpractice Claims – Only
Medical malpractice claims have very specific requirements. These include attaching an affidavit of merit relative to each defendant named in the complaint where expert testimony will be needed to establish their liability.

The affidavit of merit must include:

(a) a statement that you have reviewed all available medical records related to the complaint,

(b) a statement that you are familiar with the applicable standard of care, and

(c) your opinion that the standard of care was breached by one or more of the named defendants and that the breach caused injury to you. You may file a motion to extend the period of time to file an affidavit of merit, and that motion must be attached to the complaint. If there is good cause, the court will grant you a reasonable period of time to file an affidavit of merit.

Because medical negligence cases are complex, you should not undertake this type of claim without an attorney, unless you need to file a complaint before the statute of limitations expires.

This content was created by the Ohio State Bar Foundation's 2006 Fellows Class - Keys to the Courtroom Project.