Which of the following is a primary pleading?

Study for the Business Senior Exam. Use flashcards and multiple-choice questions with hints and explanations. Prepare confidently!

A primary pleading refers to the initial documents filed in a legal proceeding that set the framework for the case. The plaintiff's complaint or petition is considered a primary pleading because it officially initiates a lawsuit, outlining the plaintiff's claims, the basis for the court's jurisdiction, and the specific relief sought. This document establishes the key issues for the court and informs the defendant of the allegations they need to respond to.

In contrast, a defendant's motion for summary judgment is a request to the court to rule in their favor based on the argument that there are no material facts in dispute, but it is not the initial pleading. Pleadings submitted by witnesses are not considered primary pleadings as they are typically used to provide testimony during the trial rather than to initiate the case. Discovery documents, which include interrogatories, requests for documents, and depositions, are procedural materials used to gather information during the litigation process, not pleadings that establish the case's foundation.

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