R5D05

5. Pleading format.

5. Pleading format.

See C.R.C.P. 121(c)§ 1-20.

5. Pleading format.

Complaint. Massachusetts has in substance adopted the Federal Rules of Civil Procedure.

5. Pleading format.

The proceedings are either for injunctive relief or declaratory relief in the circuit court, the trial court of general jurisdiction. The Oregon Uniform Trial Court Rules, as supplemented by local court rules, dictate the nature and form of the pleadings to be used under the Oregon Rules of Civil Procedure. In order to make certain that the litigation is given the priority permitted by statute, the complaint should be captioned to indicate that it is litigation under the Public Records Law.

5. Pleading format.

Pleading format is that of a regular civil action.

5. Pleading format.

Public records are prima facie disclosable to any person who makes an adequate request. Booth Newspapers Inc. v. Regents of the University of Michigan, 93 Mich. App. 100, 286 N.W.2d 55, 59 n.9 (1979). The complainant need not allege that the materials sought are not subject to statutory exemption. Exemption is a defense in actions brought under the FOIA. Booth Newspapers Inc. v. Regents of the University of Michigan, 286 N.W.2d at 60.

5. Pleading format.

The Act states the requester may “file a petition for review or other document as might be required by rule of court;” Sections 1301(a), 1302(a). The Act provides no further guidance.

5. Pleading format.

General rules of pleading are typically followed. Where a citizen's action, seeking a writ of mandamus to compel county officials to produce various documents that were requested in the context of another lawsuit relating to alleged campaign improprieties, was brought under Delaware's FOIA, the court found that as to certain requests, the record was unclear as to whether mandamus was the only available relief obtaining for those documents. Mell v. New Castle County, 835 A.2d 141 (Del. Super. 2003).

5. Pleading format.

Sec. 13.08 does not require pleading in any specific format. The assumption is that such a suit will follow the Rules of Civil Procedure.

5. Pleading format.

The pleading is in the form of a civil complaint against the agency alleging that the agency denied access, the records sought are public records, and plaintiff followed all proper procedures in making the request, with a prayer for injunctive or declaratory relief. See R.I. Gen. Laws § 38-2-8(b).

5. Pleading format.

The Superior Court rules apply.