R5D05

5. Pleading format.

5. Pleading format.

See Haw. R. Civ. P.; Haw. R. Cir. Ct.

5. Pleading format.

No statutory provision regarding pleading of public record violation. See Neb. Rev. Stat. § 25-2156 to 25-2169 for general mandamus requirements.

5. Pleading format.

Pleadings for an open records mandamus or other action are no different than other civil pleadings and must comport with requirements of the Texas Rules of Civil Procedure. Proceedings brought under the Act are brought, heard, and determined in the same manner as civil actions generally. Cornyn v. City of Garland, 994 S.W.2d 258, 264 (Tex. App.-Austin 1999, no pet.).

5. Pleading format.

The only particular pleading format requirement is that the action be styled as a "petition." Idaho Code § 9-343(1). Otherwise, the pleading should mirror a complaint and contain the basic facts of the request, the denial, the agency involved and other facts underlying the claim.

5. Pleading format.

Either a suit filed under the Nevada Rules of Civil Procedure or a petition for a writ of mandate under Chapter 34 of Nevada Revised Statutes would be appropriate.

5. Pleading format.

The petition is a complaint, the format and the contents of which are governed by the Utah Rules of Civil Procedure. See Utah Code Ann. § 63G-2-404(3).

5. Pleading format.

There is no particular format prescribed by the statute; the pleading format should simply take the form of a civil complaint filed in that court. See Illinois Code of Civil Procedure, 735 ILCS 5/1-101 to 22-105, and allege a request, an improper denial.  The prayer for relief should include a request for attorneys’ fees and costs.  If the requester believes that the public body acted in bad faith in denying access to the records, a request for civil penalties may be added.  5 ILCS 140/11.

5. Pleading format.

The petition will be deemed sufficient "if it states facts constituting a violation of this chapter." RSA 91-A:7

5. Pleading format.

There is no prescribed format for pleadings — a simple complaint will do — in the appeal to superior court from the agency head. The filing fee at the trial level is not dispensed with, but service costs are minimal as Vermont has now adopted the federal "service by mail" procedures. Costs can be recovered if the requester prevails.

5. Pleading format.

Pleading forms are governed by Rule 10 of the Indiana Rules of Trial Procedure. Pleading captions must include the names of the parties, the title of the action, the court and case number. The pleadings must be signed, and copies served on all other parties or their counsel.