R5D05

5. Pleading format.

5. Pleading format.

Suits to enforce the Act are typically initiated by filing with the court a verified complaint against the custodian of the records, specifying the request, the custodian's response (or lack thereof), an explanation of the alleged violation of the Act and a description of the relief sought. Where the custodian has refused to allow access, the complaint typically seeks issuance of an injunction requiring the custodian to afford access now and in the future and is accompanied by a motion and supporting memorandum to the same effect.

5. Pleading format.

A simple petition for relief setting forth the facts supporting the denial of access, as well as a description of the document requested and the relief sought, is sufficient to bring the matter before the district court. See Board of Trustees v. Board of County Commissioners, 186 Mont. 148, 606 P.2d 1069 (1980).

The special writs of mandamus and prohibition are inappropriate. A simple petition to the court alleging the violations is all that is required. See Goyen v. City of Troy, 276 Mont. 213, 915 P.2d 824 (1996).

5. Pleading format.

The Act denominates a pleading to obtain access to records as a petition. The petitioner should allege Tennessee citizenship. T.C.A. § 10-7-505(a). After the individual has filed a petition with the proper court, that court shall "issue an order requiring the defendant or respondent party or parties to immediately appear to show cause . . . why the petition should not be granted." T.C.A. § 10-7-505(b).

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.