R5D05

5. Pleading format.

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.

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.

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.