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- 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).
Our NJ personal injury counsel keeps flexible office hours, with weekend appointments available, and we can meet you in your home or hospital room if you cannot travel to our office. Call us today, or contact us online, we’re standing by to assist you at (732) 253-4512.
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