burden of allegation

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The burden of allegation, also known as the burden of pleading, refers to the plaintiff’s obligation to plead sufficient assertions of facts to support a cause of action against a defendant

As established by the seminal cases Ashcroft v. Iqbal and Bell Atlantic v. Twombly, a party must plead sufficient, non-conclusory facts which state a claim of recovery that is “plausible on its face” to meet the burden of allegation. 

A party who fails to meet their burden of allegation will have their case dismissed through a Federal Rules of Civil Procedure 12(b)(6) motion

See also: Federal Rules of Civil Procedure - Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

[Last updated in June of 2022 by the Wex Definitions Team]