Form 2.-ALLEGATION OF JURISDICTION. 1 (a) Jurisdiction founded on diversity of citizenship and amount. Plaintiff is a [citizen of the State of Connecticut] [corporation incorporated under the laws of the State of Connecticut having its principal place of business in the State of Connecticut] and defendant is a corporation incorporated under the laws of the State of New York-having its principal place of business in a State other than the State of Connecticut. The matter in controversy exceeds, exclusive of interest and costs, the sum of ten thousand dollars. (b) Jurisdiction founded on the existence of a Federal question and amount in controversy. -19 - The action arises under [the Constitution of the United States, Article --, Section --]; [the Amendment to the Constitution of the United States, Section --]; [the Act of Stat.; U.S.C., Title, §]; [the Treaty of the United States (here describe the treaty)], as hereinafter more fully appears. The matter in controversy exceeds, exclusive of interest and cost, the sum of ten thousand dollars. 2 (c) Jurisdiction founded on the existence of a question arising under particular statutes. 8 The action arises under the Act of -19 more fully appears. EXPLANATORY NOTES Stat. --; U.S.C., Title -19 1. Diversity of Citizenship. U.S.C., Title 28, § 1332 (Diversity of citizenship; amount in controversy; costs), as amended by PL 85-554, 72 Stat. 415, July 25, 1958, states in subsection (c) that "For the purposes of this section and section 1441 of this title [removable actions], a corporation shall be deemed a citizen of any State by which it has been incorporated and of the State where it has its principal place of business." Thus if the defendant corporation in Form 2(a) had its principal place of business in Connecticut, diversity of citizenship would not exist. An allegation regarding the principal place of business of each corporate party must be made in addition to an allegation regarding its place of incorporation. 2. Jurisdictional Amount. U.S.C., Title 28, § 1331 (Federal question; amount in controversy; costs) and § 1332 (Diversity of citizenship; amount in controversy; costs), as amended by PL 85-554, 72 Stat. 415, July 25, 1958, require that the amount in controversy, exclusive of interest and costs, be in excess of $10,000. The allegation as to the amount in controversy may be omitted in any case where by law no jurisdictional amount is required. See, for example, U.S.C., Title 28, § 1338 (Patents, copyrights, trade-marks, and unfair competition), § 1343 (Civil rights and elective franchise). 3. Pleading Venue. Since improper venue is a matter of defense, it is not necessary for plaintiff to include allegations showing the venue to be proper. See 1 Moore's Federal Practice, par. 0.140 [1-4] (2d ed. 1959). Form 3.-COMPLAINT ON A PROMISSORY NOTE. 1. Allegation of jurisdiction. 2. Defendant on or about June 1, 1935, executed and delivered to plaintiff a promissory note [in the following words and figures: (here set out the note verbatim)]; [a copy of which is hereto annexed as Exhibit A]; [whereby defendant promised to pay to plaintiff or order on June 1, 1936 the sum of ten thousand dollars with interest thereon at the rate of six per cent. per annum]. 1 Form for natural person. 2 Use the appropriate phrase or phrases. The general allegation of the existence of a Federal question is ineffective unless the matters constituting the claim for relief as sel forth in the complaint raise a Federal question. 3. Defendant owes to plaintiff the amount of said note and interest. Wherefore plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest, and costs. Signed: Attorney for Plaintiff. NOTES 1. The pleader may use the material in one of the three sets of brackets. His choice will depend upon whether he desires to plead the document verbatim, or by exhibit, or according to its legal effect. 2. Under the rules free joinder of claims is permitted. See rules 8 (e) and 18. Consequently the claims set forth in each and all of the following forms may be joined with this complaint or with each other. Ordinarily each claim should be stated in a separate division of the complaint, and the divisions should be designated as counts successively numbered. In particular the rules permit alternative and inconsistent pleading. See Form 10. Form 4.-COMPLAINT ON AN ACCOUNT. 1. Allegation of jurisdiction. 2. Defendant owes plaintiff ten thousand dollars according to the account hereto annexed as Exhibit A. Wherefore (etc. as in Form 3) Form 5.-COMPLAINT FOR GOODS SOLD AND DELIVERED. 1. Allegation of jurisdiction. 2. Defendant owes plaintiff ten thousand dollars for goods sold and delivered by plaintiff to defendant between June 1, 1936, and December 1, 1936. Wherefore (etc. as in Form 3). NOTE This form may be used where the action is for an agreed price or for the reasonable value of the goods. Form 6.-COMPLAINT FOR MONEY LENT. 1. Allegation of jurisdiction. 2. Defendant owes plaintiff ten thousand dollars for money lent by plaintiff to defendant on June 1, 1936. Wherefore (etc. as in Form 3). Form 7.-COMPLAINT FOR MONEY PAID BY MISTAKE. 1. Allegation of jurisdiction. 2. Defendant owes plaintiff ten thousand dollars for money paid by plaintiff to defendant by mistake on June 1, 1936, under the following circumstances: [here state the circumstances with particularitysee Rule 9 (b)]. Wherefore (etc. as in Form 3). Form 8.-COMPLAINT FOR MONEY HAD AND RECEIVED. 1. Allegation of jurisdiction. 2. Defendant owes plaintiff ten thousand dollars for money had and received from one G. H. on June 1, 1936, to be paid by defendant to plaintiff. Wherefore (etc. as in Form 3). Form 9.-COMPLAINT FOR NEGLIGENCE. 1. Allegation of jurisdiction. 2. On June 1, 1936, in a public highway called Boylston Street in Boston, Massachusetts, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway. 3. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars. Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars and costs. NOTE Since contributory negligence is an affirmative defense the complaint need contain no allegation of due care of plaintiff. Form 10.-COMPLAINT FOR NEGLIGENCE WHERE PLAINTIFF IS UNABLE TO DETERMINE DEFINITELY WHETHER THE PERSON RESPONSIBLE IS C. D. OR E. F. OR WHETHER BOTH ARE RESPONSIBLE AND WHERE HIS EVIDENCE MAY JUSTIFY A FINDING OF WILFULNESS OR OF RECKLESSNESS OR OF NEGLIGENCE. 2. On June 1, 1936, in a public highway called Boylston Street in Boston, Massachusetts, defendant C. D. or defendant E. F., or both defendants C. D. and É. F. wilfully or recklessly or negligently drove or caused to be driven a motor vehicle against plaintiff who was then crossing said highway. 3. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars. Wherefore plaintiff demands judgment against C. D. or against E. F. or against both in the sum of ten thousand dollars and costs. Form 11.-COMPLAINT FOR CONVERSION. 1. Allegation of jurisdiction. 2. On or about December 1, 1936, defendant converted to his own use ten bonds of the Company (here insert brief identification as by number and issue) of the value of ten thousand dollars, the property of plaintiff. Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars, interest, and costs. Form 12.-COMPLAINT FOR SPECIFIC PERFORMANCE OF CONTRACT TO CONVEY LAND. 1. Allegation of jurisdiction. 2. On or about December 1, 1936, plaintiff and defendant entered into an agreement in writing a copy of which is hereto annexed as Exhibit A. 3. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance. 4. Plaintiff now offers to pay the purchase price. Wherefore plaintiff demands (1) that defendant be required specifically to perform said agreement, (2) damages in the sum of one thousand dollars, and (3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of ten thousand dollars. NOTE Here, as in Form 3, plaintiff may set forth the contract verbatim in the complaint or plead it, as indicated, by exhibit, or plead it according to its legal effect. Furthermore, plaintiff may seek legal or equitable relief or both even though this was impossible under the system in operation before these rules. Form 13.-COMPLAINT ON CLAIM FOR DEBT AND TO SET ASIDE FRAUDULENT CONVEYANCE UNDER RULE 18 (B). plaintiff a promissory note (in the following words and figures: (here set out the note verbatim)); [a copy of which is hereto annexed as Exhibit A]; [whereby defendant C. D. promised to pay to plaintiff the sum of five thousand dollars with interest percent. per annum]. or order on thereon at the rate of 3. Defendant C. D. owes to plaintiff the amount of said note and interest. 4. Defendant C. D. on or about conveyed all his property, real and personal (or specify and describe) to defendant E. F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to. Wherefore plaintiff demands: (1) That plaintiff have judgment against defendant C. D. for ten thousand dollars and interest; (2) that the aforesaid conveyance to defendant E. F. be declared void and the judgment herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs. RULES OF CIVIL PROCEDURE 65 Form 14.-COMPLAINT FOR NEGLIGENCE UNDER FEDERAL EMPLOYER'S 1. Allegation of jurisdiction. 2. During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at ---- and known as Tunnel No. 3. On or about June 1, 1936, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce. 4. In the course of thus repairing and enlarging the tunnel on said day defendant employed plaintiff as one of its workmen, and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported. 5. By reason of defendant's negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to defendant's orders, struck and crushed by a rock, which fell from the unsupported portion of the tunnel, and was (here describe plaintiff's injuries). dollars per day. By hospitalization. Wherefore plaintiff demands judgment against defendant in the Form 15.-COMPLAINT FOR DAMAGES UNDER MERCHANT MARINE ACT. ---and used it in the transportation of freight for hire by water in interstate and foreign commerce. plaintiff entered the employ of defendant as an able seaman on said steamship under seamen's articles of customary form for a voyage from ports to the Orient and return at wage of shore worker. per dollars per month dollars month as a days out of and was being navigated by the master and crew ports. (Here describe weather condi4. On June 1, 1936, said steamship was about the port of on the return voyage to tions and the condition of the ship and state as in an ordinary complaint for personal injuries the negligent conduct of defendant.) 5. By reason of defendant's negligence in thus (brief statement of defendant's negligent conduct) and the unseaworthiness of said steamship, plaintiff was (here describe plaintiff's injuries). |