Sham Pleading: What It Means and Its Legal Implications

Q: How can I identify a sham pleading?

Look for pleadings that lack factual support and seem designed to mislead or harass the other party.

Q: What should I do if I receive a sham pleading?

Consider consulting a legal professional to discuss your options, including filing a motion to strike the pleading.

Definition & Meaning

Sham pleading refers to a legal document that is clearly false or absurd, filed with the intention of causing delay or annoyance rather than to present a legitimate claim or defense. This type of pleading may appear to have merit on the surface, but it lacks any factual basis and is often dismissed by the court. Essentially, sham pleadings are designed to mislead or vex the opposing party without any real intention of pursuing a valid legal issue.

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Legal Use & context

Sham pleadings are primarily encountered in civil law cases. They can arise in various legal contexts, including contract disputes, tort claims, and family law matters. Courts generally discourage the use of sham pleadings because they waste judicial resources and can unfairly burden the opposing party. Legal practitioners often utilize forms and templates to ensure their pleadings are valid and supported by facts, which is where resources like US Legal Forms can be beneficial.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A plaintiff files a lawsuit claiming damages for a car accident that never occurred, intending to harass the defendant. This would be considered a sham pleading.

Example 2: A defendant submits an answer to a complaint that includes allegations of events that are clearly fabricated, with no evidence to support them (hypothetical example).

State-by-state differences

State	Notes
California	Has specific rules regarding the dismissal of sham pleadings under the California Code of Civil Procedure.
New York	Allows for the striking of sham pleadings under certain conditions as per New York Civil Practice Law and Rules.
Texas	Recognizes sham pleadings and provides mechanisms for dismissal in its Rules of Civil Procedure.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition
Frivolous pleading	A claim or defense lacking any legal merit, often similar to a sham pleading but may not be factually false.
False plea	Another term for sham pleading, emphasizing the lack of truth in the claims made.

Common misunderstandings

What to do if this term applies to you

If you suspect that a sham pleading has been filed against you, it is important to respond appropriately. You may need to file a motion to strike the pleading, which can be complex. Consider consulting a legal professional for assistance. Additionally, you can explore US Legal Forms for templates that can help you draft a proper response or motion.

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Quick facts

Common in civil law cases.
Can lead to dismissal of the case.
May incur penalties for the party filing the sham pleading.
Judicial resources are wasted when sham pleadings are filed.

Key takeaways

Frequently asked questions

What is a sham pleading?

A sham pleading is a legal document that is factually false and filed with the intent to cause delay or vexation.