R5D05

5. Pleading format.

5. Pleading format.

A suit to obtain access to records is styled with the party seeking access as the plaintiff and the public agency and/or the record custodian as the defendant. It is captioned "Complaint in lieu of Prerogative Writs." See N.J.S.A. 47:1A-4; Rule 4:69. A complaint to the Government Records Council merely must be a writing alleging that a custodian has improperly denied access. N.J.S.A. 47:1A-7(d).

5. Pleading format.

No special pleading format is required that would not be used in a petition for mandamus or for injunctive relief.

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.

5. Pleading format.

Normal pleading format.

5. Pleading format.

Pleading format is governed by the Iowa Rules of Civil Procedure. See e.g., I.R.Civ.P. 69 and 78 - 79.

5. Pleading format.

An Article 78 proceeding is commenced by service of a notice of petition and verified petition. N.Y. Civ. Prac. L. & R. § 7804(c) (McKinney 1981). See generally DiChiara v. Chesworth, 139 A.D.2d 647, 527 N.Y.S.2d 284 (2d Dep't 1988) (service of notice of petition and petition by ordinary mail was insufficient). The verified petition may be accompanied by affidavits or other written proof. Subsequent pleadings include a verified answer, which must state pertinent and material facts, and a reply to any new matter in the answer. N.Y. Civ. Prac. L. & R.

5. Pleading format.

The complaint need only contain a "short and plain" statement of your claim. If it seeks injunctive relief, it must be verified. Describe the contents of the request, and state when and to whom the request was made. Recount the reasons (if any) given for its denial. Invoke the FOIA, as well as the state constitution and common law, if applicable, as the legal basis for your claim. If either your request or the denial is in writing, attach a copy to the complaint. The most important thing is to clearly identify the information to which you were denied access.

5. Pleading format.

The early records access cases in Alabama proceeded on petition for writ of mandamus. See, e.g., Brewer v. Watson [Brewer II], 65 Ala. 88, 96 (1880) (pre-Public Records Law case; "mandamus will lie to compel inspection" of public records); Holcombe v. State ex rel. Chandler, 240 Ala. 590, 200 So.

5. Pleading format.

No particular format is specified; the action is a civil suit governed by K.S.A. Chapter 60.