I’ve been trying to make sense of our legal system for 26 years. So, I was much surprised when I recently learned that “notice pleading” is America’s “dominant form of pleading”. Up until a couple of weeks ago, I’d never even heard the term “notice pleading,” and now I find out that it’s the “dominant form” of pleading. As is often the case, I’m a little humiliated to learn that after a quarter century of studying this legal system, I had no clue to our “dominant form” of pleading.
However, I don’t feel too embarrassed because I’ll bet that you, too, haven’t previously heard of “notice pleading”. In fact, I’ll bet that 99.9% of Americans have not previously heard of “notice pleading”. If I won that bet, it would be evidence that something important might be concealed in the concept of “notice pleading”. After all, how can the “dominant form” of courtroom pleading be “accidentally” unknown to virtually all of the American people unless “the powers that be” were trying to hide something?