FRAUD! Why Federal Courts require heightened pleading. Skinner is 100% right. [View All]

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If you sue someone in Federal Court, you ordinarily only have to make out the lower standard of notice pleading.

http://www.law.cornell.edu/rules/frcp/Rule8.htm">Rule 8 of the Federal Rules of Civil Procedure requires you to give:

"(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief."

But http://www.law.cornell.edu/rules/frcp/Rule9.htm">Rule 9 lays out a heightened standard for alleging FRAUD:

"In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally."

Skinner wrote: "The fact remains that if one is to make a claim of fraud, the burden of proof is on those making the claim..."

Skinner could well have added: "... and the burden of proof is higher in claims of fraud."

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