Plaintiff's Pleading Flashcards

1
Q

What are the purposes of the original petition?

A
  1. Fair notice to parties of facts and legal theories

2. Guides trial judge for purpose of admitting evidence and in charging the jury

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2
Q

What information does the petition have?

A
  1. Names and addresses of parties
  2. Short statement of cause of action for the involved claim
  3. Statement that damages are sought within the jurisdictional limit of the court
  4. Demand for judgment for all other relief
  5. Signature from party and his attorneys assuring that this suit is not groundless or brought in bad faith for harassment
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3
Q

What are the jurisdictional limits for damages that P must state in his pleading?

A

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

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4
Q

What is an amended pleading?

A

It is a pleading that supersedes the prior pleading. It must be complete in itself.

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5
Q

When can an amended pleading be filed?

A

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.

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6
Q

When will the court deny a motion seeking leave of court?

A

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.

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7
Q

What should a party that opposes an amendment do?

A

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.

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8
Q

What is a supplemental pleading?

A

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.

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