- 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 FederalPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011