Berk v. Choy · ¶21

In this case, the disputed question is whether Berk's lawsuit may be dismissed because his complaint was not accompanied by an expert affidavit.Rule 8 gives the answer. It prescribes the information a plaintiff must present about the merits of his claim at the outset of litigation: “a short and plain statement of the claim showing that [he] is entitled to relief.” Fed. Rule Civ. Proc. 8(a)(2). By requiring no more than a statement of the claim, Rule 8 establishes “implicitly, but with unmistakable clarity,” Hanna, 380 U. S., at 470, that evidence of the claim is not required. Cf. Burlington North ern R. Co. v. Woods, 480 U. S. 1, 7–8 (1987) (declining to apply a state statute where a Federal Rule “occupies the statute's field of operation”).

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.