R5D05

5. Pleading format.

5. Pleading format.

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

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.

There is no specific format. To receive priority on the docket the pleading should alert the circuit court that the lawsuit concerns an open records case. Cf. 61.882(4).

5. Pleading format.

G.S. § 132-9 does not prescribe any particular form of pleadings, but most public records cases are commenced by the filing of a petition.

5. Pleading format.

The requester may proceed by a petition for alternative writ of mandamus or by summons and complaint, often accompanied by a motion to shorten time for answer since the records custodian has already considered and denied access to the requested records and may not add to the justifications set forth in the denial letter. See Wis. Stat. § 801.02(5); Newspapers, Inc. v. Breier, 89 Wis. 2d 417, 427, 279 N.W.2d 417 (1979).

5. Pleading format.

Pleadings must be in the normal format prescribed by court rules. While the regulations governing public records requests to state agencies use traditional language of administrative agency law, including the fact that a denial "is the final agency decision" and can be appealed to the superior court, so that one might argue the normal 30-day period for bringing an appeal from a final agency action would be applicable, support for argument to the contrary may be found in the fact that it may be sought without exhausting administrative remedies at all pursuant to AS 40.25.125.

5. Pleading format.

Not specified. Cases usually are brought as requests for a writ of mandamus directed to the custodian of the requested records.

5. Pleading format.

The complaint must be accompanied by a dated, written request for the requested record. N.D.C.C. § 44-04-21.2(1).