Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

In actions for injuries to goods and chattels, their kind or species shall be alleged. [R60, §2956; C73, §2725; C97, §3635; C24, 27, 31, 35, 39, § 11214; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.13 ]

In actions for injuries to real property, the petition shall describe the property, and when the injury is to an incorporeal hereditament, shall describe the property in respect of which the right is claimed, as well as the right itself, either by the numbers by which the propert…

In an action on a bond with conditions, the party suing thereon shall notice the conditions and allege the facts constituting the breaches relied on. [C51, §1818; R60, §2960; C73, §2728; C97, §3638; C24, 27, 31, 35, 39, § 11217; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §6…

The court, in every stage of an action, must disregard any error or defect in the proceeding which does not affect the substantial rights of the adverse party; and no judgment shall be reversed or affected by reason of such error or defect. [R60, §2978; C73, §2690; C97, §3601; C2…

A plaintiff does not have the burden of pleading and proving the plaintiff’s freedom from contributory fault. If a defendant relies upon contributory fault of a plaintiff to diminish the amount to be awarded as compensatory damages, the defendant has the burden of pleading and pr…

In an action for personal injury or wrongful death, the amount of money damages demanded shall not be stated in the petition, original notice, or any counterclaim or cross-petition. However, a party filing the petition, original notice, counterclaim, or cross-petition shall certi…

1. Pleadings need not be verified unless otherwise required by statute. Where a pleading is verified, it is not necessary that subsequent pleadings be verified unless otherwise required by statute. 2. The signature of a party, the party’s legal counsel, or any other person repres…

If the action challenges the legality, validity or constitutionality of a proposed constitutional amendment, the defendant shall plead within three days after service of the original notice. [C31, 35, §11121-d1; C39, § 11121.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61…

If the action challenges the legality, validity or constitutionality of a proposed constitutional amendment, the court shall not extend the time to plead more than two days beyond the time fixed in section 619.2 . [C31, 35, §11123-d1; C39, § 11123.1; C46, 50, 54, 58, 62, 66, 71, …

The original files shall be taken from the clerk’s office only on order of the judge by leaving with the clerk a receipt for the same. [C97, §3558; SS15, §3558; C24, 27, 31, 35, 39, § 11126; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.4 ]

A motion or demurrer once filed shall not be withdrawn without the consent of the adverse party in writing, or given in open court, or of the court. [R60, §2870; C73, §2642; C97, §3556; C24, 27, 31, 35, 39, § 11139; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.5 ]

A comaker or surety, when sued alone, may, with the consent of the comaker or principal, make use of by way of counterclaim of a debt or liquidated demand due from the plaintiff at the commencement of the action to such comaker or principal, but the plaintiff may meet such counte…

In any action brought to recover damages for an injury to person, character, or property, the defendant may set forth, in a distinct division of the defendant’s answer, any facts, of which evidence is legally admissible, to mitigate or otherwise reduce the damages, whether a comp…

No mitigating circumstances shall be proved unless pleaded, except such as are shown by or grow out of the testimony introduced by the adverse party. [R60, §2929; C73, §2682; C97, §3593; C24, 27, 31, 35, 39, § 11173; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.8 ]

A party shall not be compelled to prove more than is necessary to entitle the party to the relief asked for, or any lower degree included therein, nor more than sufficient to sustain the party’s defense. [R60, §2966; C73, §2729; C97, §3639; C24, 27, 31, 35, 39, § 11181; C46, 50, …