[cicero2k]

The complaint does not allege any evidence (taped phone conversations) and/or witnesses. So it will become a character complaint and she'll need other women to go along. She may have some phone messages, but those were described as non sexual.

So this is the first October surprise. An attempt to bring down the "new media".

[Max7]

Maybe this is the October surprise? I never thought of that. How creative, if true.

[jude24]

A complaint doesn't need to allege evidence. The Federal Rules of Civil Procedure require only a short, plain statement showing that the plaintiff is entitled to relief, and the complaint is construed at this stage in litigation in the way most beneficial to the plaintiff. This could survive a 12(b)(6) motion for dismissal because it passes this test.

The plaintiff doesn't need to reveal specific evidence in her complaint; the plaintiff and her attorneys need to be able to demonstrate that the pleading is consistent with the information derived from a reasonable inquiry. FRCP 11(b). The plaintiff actually wouldn't want to divulge too much evidence at this stage yet; that will happen during discovery when both sides give each other what they know.

Marlowe will be able to tell you if I paid enough attention in civil procedure.