Plaintiff's Pleading Flashcards
What are the purposes of the original petition?
- Fair notice to parties of facts and legal theories
2. Guides trial judge for purpose of admitting evidence and in charging the jury
What information does the petition have?
- Names and addresses of parties
- Short statement of cause of action for the involved claim
- Statement that damages are sought within the jurisdictional limit of the court
- Demand for judgment for all other relief
- Signature from party and his attorneys assuring that this suit is not groundless or brought in bad faith for harassment
What are the jurisdictional limits for damages that P must state in his pleading?
One of the following:
a) $100K or less
b) $100K or less and non-monetary relief
c) between $100K and $200K
d) between $200K and $1M
e) over $1M
What is an amended pleading?
It is a pleading that supersedes the prior pleading. It must be complete in itself.
When can an amended pleading be filed?
Without court’s permission, an amendment can be made more than 7 days before trial. If filed within 7 days of trial, P must file a motion seeking leave of court.
When will the court deny a motion seeking leave of court?
When, within 7 days of trial, P adds a new cause of action in amended pleading or amendment would cause surprise or prejudice to D.
What should a party that opposes an amendment do?
If time is the issue: party should request a continuance to preserve error. If party refused an offer of continuance, the party waives right to complain on appeal.
What is a supplemental pleading?
It is used to reply to a D’s defense and is made in response to the last previous pleading. It adds but does not supersede the last pleading.