Only Make Allegations in Your Pleadings That You Can Back Up with Evidence

Just as the COVID-19 pandemic hit, and we are all working from home, I was forced to defend a client who was served with a claim where the allegations made against them were based upon the Plaintiff speculating what happened.  There was no evidence attached to the Claim that would support those speculations.

What makes it even more frustrating is that the Plaintiff is not self-represented.

This is not the proper way to plead allegations.  The Court does not rely upon conspiracy theories or allegations that are not supported by evidence to make a judgement.  What you think or how you feel doesn’t matter either, at least not in this case.

If you are going to make allegations against a party or parties, you must make sure you have the evidence to back up those allegations.

You must prove your allegations on a balance of probabilities in civil proceedings.  You, simply making an allegation, does not make it true – you still have to prove it. 

If you fail to prove your allegations, and your claim is dismissed (which I think it will be in our case), not only will you end up paying the other party’s legal fees, you may face further cost consequences for wasting time, resources and money.

Feelings and speculation do not belong in pleadings.  Facts and allegations substantiated by evidence does.

What you feel your cause of action is, without evidence of same does not support your claim.

Murray Brown, Licensed Paralegal