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 ¶

To assist you with your request, I'll need to have the content of the paragraphs you are working with. Since I don't have the exact text or know which causes of action are being pleaded, I can only provide a generic template for numbering and the equitable relief section. You can then fill in the specific details based on the content of your document and the Texas Rules of Civil Procedure.

### Paragraph Numbering Example:
Assuming the last section was numbered 6.1-6.5, the following paragraphs would be numbered:

7.1 [Insert paragraph text here]
7.2 [Insert paragraph text here]
7.3 [Insert paragraph text here]
7.4 [Insert paragraph text here]
7.5 [Insert paragraph text here]

### Equitable Relief Section
Assuming that you have identified a cause of action upon which you can seek equitable relief, you can utilize the following template to draft the section:

**Equitable Relief**

Plaintiff seeks [specify equitable relief sought, e.g., an injunction, specific performance, etc.]. [Provide facts supporting the equitable relief. This will typically include facts demonstrating the inadequacy of legal remedies, the balance of hardships, the irreparable harm that might occur without the relief, or any other relevant considerations under Texas law.]

For example:
"Plaintiff seeks an injunction to prevent further damage to Plaintiff's property. Defendant has repeatedly trespassed onto Plaintiff's property, causing harm that cannot be adequately compensated by monetary damages alone. Unless enjoined by this Court, Defendant's actions threaten continued irreparable harm to Plaintiff's land and enjoyment thereof."

This template is just a guide; you'll need to input the relevant facts from your case to support the equitable relief being sought. If there are no applicable causes of action for equitable relief, you would leave this section blank, as per your instruction.

Jury Demand ¶

Certainly! Based on your instructions and assuming you are continuing from the previous section numbered 6.1-6.5, here is the paragraph you have provided, appropriately numbered:

7.1 To assist you with your request, I'll need to have the content of the paragraphs you are working with. Since I don't have the exact text or know which causes of action are being pleaded, I can only provide a generic template for numbering and the equitable relief section. You can then fill in the specific details based on the content of your document and the Texas Rules of Civil Procedure.

7.2 ### Paragraph Numbering Example:
Assuming the last section was numbered 6.1-6.5, the following paragraphs would be numbered:

7.3 7.1 [Insert paragraph text here]
7.4 7.2 [Insert paragraph text here]
7.5 7.3 [Insert paragraph text here]
7.6 7.4 [Insert paragraph text here]
7.7 7.5 [Insert paragraph text here]

7.8 ### Equitable Relief Section
Assuming that you have identified a cause of action upon which you can seek equitable relief, you can utilize the following template to draft the section:

7.9 **Equitable Relief**

7.10 Plaintiff seeks [specify equitable relief sought, e.g., an injunction, specific performance, etc.]. [Provide facts supporting the equitable relief. This will typically include facts demonstrating the inadequacy of legal remedies, the balance of hardships, the irreparable harm that might occur without the relief, or any other relevant considerations under Texas law.]

7.11 For example:
"Plaintiff seeks an injunction to prevent further damage to Plaintiff's property. Defendant has repeatedly trespassed onto Plaintiff's property, causing harm that cannot be adequately compensated by monetary damages alone. Unless enjoined by this Court, Defendant's actions threaten continued irreparable harm to Plaintiff's land and enjoyment thereof."

7.12 This template is just a guide; you'll need to input the relevant facts from your case to support the equitable relief being sought. If there are no applicable causes of action for equitable relief, you would leave this section blank, as per your instruction.

7.13 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.

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

Conditions Precedent ¶

Certainly! Based on your instructions, here is the complete sequence with proper paragraph numbering:

7.2 ### Paragraph Numbering Example:
Assuming the last section was numbered 6.1-6.5, the following paragraphs would be numbered:

7.3 7.1 [Insert paragraph text here]
7.4 7.2 [Insert paragraph text here]
7.5 7.3 [Insert paragraph text here]
7.6 7.4 [Insert paragraph text here]
7.7 7.5 [Insert paragraph text here]

7.8 ### Equitable Relief Section
Assuming that you have identified a cause of action upon which you can seek equitable relief, you can utilize the following template to draft the section:

7.9 **Equitable Relief**

7.13 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.

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

7.15 All conditions precedent to plaintiff's claim for relief have been performed or have occurred.

Objection to Associate Judge ¶

Prayer ¶

Certainly! When preparing a prayer for relief in a Texas civil petition, it is essential to comply with the Texas Rules of Civil Procedure, ensuring that each item of relief sought is properly categorized, particularly distinguishing between general and special damages. The approach you've outlined is organized and thorough. However, before I can provide a complete prayer for relief, I need to know the specific causes of action you are alleging and any additional damages you might be considering.

Based on your outlined approach, here is a generic structure of a prayer for relief, with indications of where specific pleadings might be inserted:

---

**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 (General)
2. Future pain and suffering (Special) - [Instruction: Specifically describe the nature and extent of future pain and suffering expected, supported by any available evidence or expert testimony.]
3. Past mental anguish (General)
4. Future mental anguish (Special) - [Instruction: Specifically describe the nature of future mental anguish, with any supporting evidence such as expert reports or testimony.]
5. Medical expenses, past and future (Special) - [Instruction: Detailed itemization of medical expenses incurred and estimated future expenses, supported by bills, receipts, and expert testimony.]
6. Loss of past and future earning capacity (Special) - [Instruction: Detail the amount and basis for the claim of lost earning capacity, supported by employment records, expert calculations, etc.]
7. Loss of consortium (Special) - [Instruction: Describe the nature of the loss of consortium, including supporting testimony or evidence.]
8. Damage to Business's Credit Reputation (Special) - [Instruction: Provide specific incidents or evidence demonstrating damage to credit reputation.]

**b. Equitable Relief**

1. Specific performance of contractual obligations (if applicable)
2. Injunctions to prevent further harm (clearly specify the actions to be enjoined)

**c. Exemplary Damages**

1. Exemplary damages (Special) - [Instruction: Provide details on why exemplary damages are sought, demonstrating malice, fraud, or gross negligence, as applicable.]

**d. Prejudgment and Postjudgment Interest**

1. Prejudgment interest (statutory)
2. Postjudgment interest

**e. Court Costs**

1. Request for compensation of all court costs incurred

**f. Attorney Fees**

1. Attorney fees (Special) - [Instruction: Include a basis for recovering attorney’s fees, such as statutory provision or contract clause, with a reasonable estimate based on documentation or affidavits.]

**g. Nominal Damages**

1. Nominal damages for any breach of contract, assault, defamation, invasion of privacy, or trespass.

**h. All Other Relief to Which Plaintiff is Entitled**

1. Any other relief the Court deems just and proper.

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This structure allows you to insert detailed descriptions and evidentiary support where needed for special damages, adhering to the requirement to specifically plead those items. Once you specify the particular causes of action you are pursuing, I can offer more precise suggestions for additional damages and their supporting legal bases.

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Date of Service AI