Previously pleading was critical to the practice of law. Errors in pleadings caused judges to dismiss cases with prejudice. Pleading determined the relevance of evidence and the relief the court could award. I attribute much of the fault for pretrial contentiousness, longer trials, and the unconscionable cost of legal services to the decreased emphasis on pleadings by lawyers and judges.
Most lawyers today not only do not understand pleading, they do not understand what a pleading or its pur…
Thomas F. McDow
Any time I ask, “why”, the least satisfactory answer is “Because that is the way we have always done it.” I want to know why that is the way we have always done it.
Today’s question is why do lawyers always begin affidavits “Personally appeared before me __________ who being first duly sworn deposed and stated under oath as follows…”? The jurat, which is the “sworn to and subscribed before…