What does a complaint contain in New Jersey?

  1. Factual Allegations

Every claim for relief “shall contain a statement of the facts on which the claim is based, showing that the pleader is entitled to relief, and a demand for judgment for the relief to which the pleader claims entitlement.” R. 4:5-2. The Rules require that “[e]ach allegation of a pleading shall be simple, concise and direct,” and “no technical forms of pleading are required.” R. 4:5-7. Thus, such things as malice, intent, knowledge, other states of mind, and performance or occurrence of conditions precedent may be alleged generally. R. 4:5-8(a), (b). However, allegations of  “misrepresentation, fraud, mistake, breach of trust, willful default or undue influence” must be pleaded with special particularity. R. 4:5-8(a). The gist of each cause of action must be alleged in complaint, and the defendant must be apprised of the nature of the claim. Gorbart v. Society for Useful Mfrs., 2 N.J. 136 (1949).

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