Estate of Charles B. Grant, Jr. - Page 4




                                        - 4 -                                          

          complaint may contain unnecessary detail and evidentiary matter,             
          the most important requirement of the pleadings is that the                  
          opposing party be made aware of the claims he will be called upon            
          to meet.  See Kamen Soap Prods. Co. v. Struthers Wells Corp., 159            
          F. Supp. 706, 713 (S.D.N.Y. 1958).  Though certain evidentiary               
          facts may be unnecessary to a complaint, they may remain in the              
          complaint unless they are prejudicial.  Groves v. Paden City                 
          Glass Manufacturing Co., 2 F.R.D. 300, 301 (1942).  The liberal              
          policy of pleadings allows parties to introduce issues that may              
          be more fully developed in the pretrial process.                             
               Respondent has not accused petitioner of any inappropriate              
          practice, such as delay, bad faith, or dilatory motive, in moving            
          to amend.  Nor has respondent shown that the proposed amendment              
          would prejudice respondent in any respect.  To the contrary,                 
          respondent contends that the amendment would have no effect on               
          the outcome of this action.  We see no reason to deny petitioner             
          leave to amend its petition.                                                 
               Because of the reference to “irrelevancy,” it is unclear if             
          respondent meant to make a motion under Rule 52 to strike a                  
          portion of the pleadings as amended.  Rule 52 permits a party,               
          within certain time limits, to move to strike “any insufficient              
          claim or defense or any redundant, immaterial, impertinent,                  
          frivolous, or scandalous matter.”  Rule 52 was derived from rule             
          12(f) of the Federal Rules of Civil Procedure, and the Federal               





Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011