Petition Generator - Taren Marsaw

Petition Generator – Texas Civil Trials

Step 1 of 4

25%

Will you need injunctive relief?

Yes

Caption

Discovery Control Plan

Level 1 Expedited Action

Level 1 Non Expedited Action

Level 2

Level 3

Claim for Relief

Plaintiff

Plaintiff 1's Name(Required)

Capacity(Required)

Name of person/trust/estate who suit is brought on behalf of?(Required)

minor child, incapacitated person, decedent’s name, name of trust include Name, decedent for decedent; include Name, minor child/incapacitated person for incapacitated.

Address of person/trust/estate who suit is brought on behalf of(Required)

Personal Contacts(Required)

Doing Business As Name(Required)

Plaintiff 1's County(Required)

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County in all Caps(Required)

Plaintiff 1's address(Required)

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Plaintiff’s Designation

This should change via gravity flow, depending on what the capacity is.

Select the option that is true

Last three digits of Plaintiff's driver's license(Required)

Last three digits of Plaintiff's social security number(Required)

Defendant

Defendant's Name(Required)

Select One

Defendant is a resident individual

Defendant is a resident corporation

Defendant is a resident partnership or association

Defendant is a resident insurer

Defendant is a nonresident individual

Defendant is a nonresident corporation

Defendant is a nonresident partnership or association

Defendant is a nonresident joint-stock company

Defendant is a nonresident insurer

Defendant is a governmental unit

Defendant's address(Required)

Describe defendant's capacity to be sued(Required)

Defendant Declaration ¶

Choose a Jurisdiction Allegation

Facts of the Case(Required)

On {date}, at {identify location}, {County}, Texas, {describe events that resulted in lawsuit}.

Facts of the Case ¶

Cause of Action 1(Required)

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Cause of Action 1 ALL CAPS(Required)

Legal Authority(Required)

(e.g. TCHRA, Texas Law, Federal Law)

Liquidated Damages Statement(Required)

Amount of liquidated damages sought(Required)

Cause of Action 1 AI ¶

Cause of Action 2(Required)

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Cause of Action 2 ALL CAPS(Required)

Legal Authority(Required)

(e.g. TCHRA, Texas Law, Federal Law)

Liquidated Damages Statement(Required)

Amount of liquidated damages sought(Required)

Cause of Action 2 AI ¶

Cause of Action 3(Required)

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Cause of Action 3 ALL CAPS(Required)

Legal Authority(Required)

(e.g. TCHRA, Texas Law, Federal Law)

Liquidated Damages Statement(Required)

Amount of liquidated damages sought(Required)

Cause of Action 3 AI ¶

Cause of Action 4(Required)

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Cause of Action 4 ALL CAPS(Required)

Legal Authority(Required)

(e.g. TCHRA, Texas Law, Federal Law)

Liquidated Damages Statement(Required)

Amount of liquidated damages sought(Required)

Cause of Action 4 AI ¶

Cause of Action 5(Required)

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Cause of Action 5 ALL CAPS(Required)

Legal Authority(Required)

(e.g. TCHRA, Texas Law, Federal Law)

Liquidated Damages Statement(Required)

Amount of liquidated damages sought(Required)

Cause of Action 5 AI ¶

Cause of Action 6 AI ¶

Are you alleging any of the following causes of actions?

Note that each of these are entitled to recover at least nominal damages

Breach of contract

Assault

Defamation

Invasion of privacy

Trespass

Personal Injury Damages

Select all that apply.

Past pain and suffering

Future pain and suffering

Past mental Anguish

Future mental anguish

Physical disfigurement

Physical impairment

Aggravation of preexisting condition

Medical expenses, past and future

Loss of past earning capacity

Loss of future earning capacity

Loss of consortium

Loss of household services

Exemplary damages

Contractual Damages

Select all that apply.

Expectancy — loss in value

Expectancy — lost profits

Expectancy — cost of delay in performance

Expectancy — cost of mitigation

Expectancy — cost of substitute performance

Expectancy — loss of credit reputation

Expectancy — loss of financing

Reliance

Restitution

Business Damages

Select all that apply.

Benefit-of-the-bargain

Out-of-Pocket

Lost Profits

Damage to Business’s Credit Reputation

Loss of goodwill

Exemplary damages

Miscellaneous Damages

Select all that apply.

Prejudgment interest — common law

Prejudgment interest — statutory or contract

Postjudgment interest

Attorney fees

Equitable Relief ¶

Jury Demand ¶

Certainly! Based on the information you've provided, if the last numbered paragraph from your previous section is, for example, 6.5, the next set of paragraphs should start with 7.1. Here’s how you could format the beginning of this new section:

---
7.1 To assist you properly, I will need you to provide the last numbered paragraph from your previous section, and also let me know if there’s any cause of action included in your pleading that could entitle you to equitable relief. This way, I can properly number the paragraphs and draft the equitable relief statement as needed based on Tex. R. Civ. P.

7.2 Once you provide that information, I can continue with drafting the requested section.

7.3 Thus, if the last paragraph block above has paragraph 6.1-6.5, then this section shall be numbered 7.1, 7.2, 7.3 and so forth.

7.4 Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
---

Please replace the content of the paragraphs and adjust the numbering as needed, depending on your actual content.

Conditions Precedent ¶

Objection to Associate Judge ¶

Prayer ¶

It appears you have a list of causes of action and you need assistance in formulating a prayer for relief in accordance with the Texas Rules of Civil Procedure. The outline you provided is a good starting point, and I will assist you in structuring a prayer based on the causes of action and types of damages you are considering. Without knowing the specific causes of action you've pleaded, I'll offer a template based on common ones and the general and special damages associated with them.

### Template for Prayer for Relief

**For these reasons, plaintiff asks that the Court issue citation for defendant to appear and answer, and that plaintiff be awarded a judgment against defendant for the following:**

#### A. Actual Damages
1. Past pain and suffering.
2. Future pain and suffering. *(Special - must specify the nature of future suffering and provide an estimate or basis for the claim).*
3. Past mental anguish.
4. Future mental anguish. *(Special - must specify anticipated impact on the plaintiff's well-being and provide reasoning).*
5. Physical disfigurement.
6. Physical impairment. *(Special - describe impairments and their impact on daily life).*
7. Aggravation of preexisting condition.
8. Medical expenses, past and future. *(Special - provide detailed list and estimated future expenses).*
9. Loss of past earning capacity. *(Special - provide calculation basis).*
10. Loss of future earning capacity. *(Special - detail anticipated loss over time).*
11. Loss of consortium. *(Special - describe relationship impact).*
12. Loss of household services. *(Special - specify services lost, quantify if possible).*

#### B. Equitable Relief
- If any equitable relief is sought, such as injunctions or specific performance, describe it here.

#### C. Exemplary Damages
1. Exemplary damages. *(Special - include reasoning as to why exemplary damages are justified, such as proof of malicious intent or fraud).*

#### D. Prejudgment and Postjudgment Interest
1. Prejudgment interest at the statutory or contract rate.
2. Postjudgment interest as permitted by law.

#### E. Court Costs
1. All costs of court expended in this matter.

#### F. Attorney Fees
1. Attorneys' fees. *(Special - include contractual or statutory basis for recovery).*

#### G. All Other Relief
1. All other relief to which Plaintiff is entitled, at law or in equity.

### Instructions for Special Damages:
For any claim requiring special pleading, you should include the factual basis for the damages claimed. This means providing sufficient detail about the circumstances leading to the damages, how you calculated the damages, and any supporting documentation or precedent. For example, in the case of future earning capacity, you might include expert testimony or detailed financial projections.

### Additional Considerations:
- **Nominal Damages**: Include a section for nominal damages if you have claims like breach of contract or defamation.
- **Suggestion for Supplemental Relief**: Review your causes of action to determine if there are any statutory claims or claims under common law that may allow for additional relief, such as statutory damages for specific violations or conditions that may warrant a permanent injunction.

Support for claims should be drawn from applicable statutes (e.g., Texas Business and Commerce Code for business claims, Texas Civil Practice & Remedies Code for exemplary damages in tort claims) or case law that outlines entitlements based on your specific pleading. If you provide the specific causes of action, I can tailor this template further.

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Date of Service AI