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Federal Litigation Guide: New York and Connecticut
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-6 Federal Litigation Guide: New York and Connecticut 6.syn


Drafting the Summons and Complaint


Stuart A. Summit;; Victor T. Fuzak;; Lynne Fischman Uniman

Chapter Summary


This chapter from Federal Litigation Guide: New York and Connecticut discusses the preparation of the complaint, summons, and other documents necessary to commence an action in federal district court.

The chapter provides a detailed guide to drafting the necessary and customary elements of the complaint and summons, along with checklists for preparing each document. The chapter next addresses notice pleading, the need for facts in support of allegations, and the limitation of each numbered allegation to a single fact or legal conclusion. The chapter then considers the inclusion of jury trial demand, description of the court's jurisdiction, and the relief sought. The chapter also provides sample statements of jurisdiction for use in a complaint, sample allegations for various civil actions, and a summons form.

Federal Litigation Guide: New York and Connecticut (Matthew Bender) provides full coverage of civil litigation practice and procedure, from the filing of the lawsuit through judgment with emphasis on pretrial procedure. It includes local practice coverage, which ensures that the federal practitioner in New York or Connecticut is in compliance with all the local procedural rules of the court in which a case is pending, in addition to providing specific, complete analysis of the local rules of the federal district courts in New York and Connecticut. It also includes easily accessible text, which allows you to quickly find the information of specific subjects through either the chapter synopsis or the index. In addition, Federal Litigation Guide: New York and Connecticut includes strategic overviews, which provide important background on how the particular proceeding or motion fits into the overall goal of the litigation and highlights key considerations that the practitioner should keep in mind regarding the subject of that chapter. Further, this publication includes checklists, forms, and quick references to other sources for additional research.


Federal,Litigation,New York,Connecticut,Drafting,Summons,Complaint,Pleadings,Allegation,Jury Trial,Commencement,Notice Pleading


For a discussion of the process of planning civil litigation, see Chapter 1, Planning for Civil Litigation in Federal Court.

For a discussion of formatting and service of papers, see Chapter 2, Formatting, Serving, and Filing Papers.

For a discussion of choice of forum, see Chapter 3, Choosing Appropriate Forum: Jurisdiction and Venue.

For a discussion of drafting other pleadings, see Chapter 11, Drafting Counterclaims, Cross-Claims, and Replies; and Chapter 15, Amending and Supplementing Pleadings.

For a detailed discussion of service requirements, see Chapter 8, Serving Process.

For a discussion of motions practice, see Chapter 9, Bringing Motions in Federal Court.


See Federal Civil Procedure Litigation Manual (Matthew Bender) for the complete text of the Federal Rules of Civil Procedure, along with insightful commentary on each rule, additional supporting authorities, and recent significant cases.

See Manual of Federal Practice: Forms (Matthew Bender) for all of the basic forms needed in the vast majority of cases litigated in federal courts. This resource is organized chronologically in the order of tasks normally performed by attorneys handling litigation, covering jurisdiction, venue and transfer, pleadings, parties, preliminary motions, discovery, pretrial matters, trials, and appeals.

See Moore's Federal Practice--Civil (Matthew Bender) for fully annotated and practice-oriented coverage of every detail of procedure in federal civil cases, following the sequence of the Federal Rules of Civil Procedure.

See Federal Litigation Guide (Matthew Bender) for thorough coverage of federal civil procedure from filing the complaint, to conducting discovery, through trial and appeal.

See Federal Evidence Practice Guide (Matthew Bender) for practical guidance on crucial evidentiary matters, including gathering evidence and pretrial procedures, demonstrative and documentary evidence, opening statements and closing arguments, expert witnesses, direct and cross-examination of witnesses, circumstantial evidence, competency and privileges, and making a record through effective objections.
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