Basic Pleadings and Motions in a Civil Lawsuit in Kenya

Whether we're talking about adivorceor acar accidentcase, most civil lawsuits adhere to the same timeline and structure,with various pleadings (document filings) and motions (requests made to a judge) occurring at somewhat predictable pointsalong the way. So let's get familiar with some of the most common pleadings andmotions in a civil case.The court's procedural rules tell you what needs to be included in a pleading, how it should look, where it should be filed, whether there are any filing fees, and so on.

What are Pleadings?
Pleadings are formal written documents that are filed with the court as part of a civil lawsuit. Pleadings become part of thecase file, and which means they are a public record unless ordered sealed by the court.The court's procedural rules tell you what needs to be included in a pleading, how it should look, where it should be filed, whether there are any filing fees, and so on. Usually, no matter the jurisdiction, a pleading must contain the name of the court, the title of the lawsuit (known as the "caption") and the docket number, if one has been assigned.Let's take a closer look at some of the most common pleadings that will be filed by the variousparties in a civil lawsuit.

Complaint
A lawsuit begins when aplaintiff(the party suing) files a complaint against adefendant(the party being sued.) The complaint (sometimes called a "petition") is a written statement of the plaintiff's case, usually broken up into separate claims (called "causes of action"). The plaintiff states his or her version of the facts -- what the defendant allegedly did or failed to do -- and asks the court to order some kind of relief (money damages as compensation for any loss, for example).In some kinds of civil cases, the complaint may be filed on a pre-printed form, so that the plaintiff checks boxes and adds a few details here and there.For more information on what a complaint looks like (in the context of a personal injury lawsuit),

Answer
The answer is the defendant's written response to the plaintiff's complaint. In the answer, the defendant responds (usually very briefly) to the facts and allegations contained in the complaint. The defendant also pleads anyaffirmativedefense(anything that would excuse the defendant's liability or bar the plaintiff's suit).