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 ¶

Certainly, I can assist you with this. Assuming the last paragraph in your previous section is numbered 6.5, I'll continue numbering your paragraphs from 7.1 onward. Since I'm not privy to the exact causes of action in your pleading, I'll provide a template for an Equitable Relief designation that you can customize based on the specifics of your case.

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**7.1** [Content of the paragraph discussing the first cause of action in this new section.]

**7.2** [Content of the paragraph discussing the second cause of action in this new section.]

**7.3** [Content of the paragraph discussing the third cause of action in this new section.]

**7.4** [Continue with the content of the paragraph discussing additional causes of action as needed.]

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**Equitable Relief**

If your pleading involves a cause of action for which equitable relief is appropriate and permissible under Texas law and any other relevant legal authorities, you may use the following template:

Plaintiff seeks [identify equitable relief sought, e.g., an injunction, specific performance, etc.]. [State facts supporting equitable relief, e.g., "Due to the ongoing harm and the inadequacy of monetary damages to fully address this harm, Plaintiff seeks an injunction to prevent further damage and to maintain the status quo."]

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Make sure to fill in the placeholders with specific information from your case, such as the nature of the equitable relief you are seeking and the supporting facts from your pleading. If you are uncertain about the availability of equitable relief for your causes of action, it may be helpful to consult with a legal professional familiar with Texas civil procedure.

Jury Demand ¶

Certainly, I'll continue the numbering based on the last used paragraph number, which is 6.5. Here's how you can structure it:

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**7.1** Certainly, I can assist you with this. Assuming the last paragraph in your previous section is numbered 6.5, I'll continue numbering your paragraphs from 7.1 onward. Since I'm not privy to the exact causes of action in your pleading, I'll provide a template for an Equitable Relief designation that you can customize based on the specifics of your case.

**7.2** If your pleading involves a cause of action for which equitable relief is appropriate and permissible under Texas law and any other relevant legal authorities, you may use the following template:

**7.3** Plaintiff seeks [identify equitable relief sought, e.g., an injunction, specific performance, etc.]. [State facts supporting equitable relief, e.g., "Due to the ongoing harm and the inadequacy of monetary damages to fully address this harm, Plaintiff seeks an injunction to prevent further damage and to maintain the status quo."]

**7.4** Make sure to fill in the placeholders with specific information from your case, such as the nature of the equitable relief you are seeking and the supporting facts from your pleading. If you are uncertain about the availability of equitable relief for your causes of action, it may be helpful to consult with a legal professional familiar with Texas civil procedure.

**7.5** 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.

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

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Ensure to replace placeholders with the specific details pertinent to your case to create a comprehensive and accurate pleading.

Conditions Precedent ¶

Objection to Associate Judge ¶

Prayer ¶

For the creation of a detailed and compliant prayer in your petition, it's essential to identify the specific causes of action you're pursuing and the corresponding reliefs necessary based on your claims. Since you haven't listed specific causes of action, I will provide a general framework on how to construct your prayer in line with the Texas Rules of Civil Procedure and the types of damages outlined.

### General Prayer Structure

Start with the statement:
"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:"

### Relief to Be Pled Alphabetically

Now, I'll outline the alphabetical paragraphs you can use for different types of damages and provide notes on how to specifically plead special damages where necessary:

#### A. Actual Damages
1. **General Damages**: 
   - "Plaintiff seeks general damages including past pain and suffering, past mental anguish, physical disfigurement, and aggravation of preexisting conditions."

2. **Special Damages**: For each special damage, ensure to include a narrative explaining the detail and estimated amounts involved.
   - "Plaintiff seeks special damages including future pain and suffering, future mental anguish, physical impairment, medical expenses past and future (broken down by each cost), loss of past and future earning capacity (specify how these are calculated), loss of consortium, and loss of household services."

#### B. Equitable Relief
- "Plaintiff seeks any and all equitable relief deemed appropriate by the Court, including but not limited to specific performance if applicable."

#### C. Exemplary Damages
- "Plaintiff requests exemplary damages due to the defendant’s willful and malicious conduct. Details must be specified as per the actions qualifying for exemplary damages, such as fraud, malice, or gross negligence."

#### D. Prejudgment and Postjudgment Interest
1. **Prejudgment Interest**
   - "Plaintiff seeks prejudgment interest as permitted at common law or as specified under any applicable statute or contract terms."
   
2. **Postjudgment Interest**
   - "Plaintiff seeks postjudgment interest in accordance with the Texas Finance Code or relevant law."

#### E. Court Costs
- "Plaintiff seeks recovery of all court costs incurred in this action."

#### F. Attorney Fees
- "Plaintiff requests attorney fees as allowed under relevant statutes or agreements, specifying the legal grounds for recovery of such fees (e.g., breach of contract claims, Chapter 38 of the Texas Civil Practice and Remedies Code)."

#### G. Other Relief
- "Plaintiff demands all other relief, both general and special, to which they may be entitled, either in law or in equity."

### Instructions for Special Damages

Special damages must be specifically pled with detailed facts showing the nature and extent of each claimed damage:

- **Future Damages**: Provide plausible calculations or expert opinions projecting future financial impact.
- **Medical Expenses**: Attach any medical bills or estimates supporting your claimed expenses.
- **Loss of Earning Capacity**: Include expert testimony or reports evidencing diminished capacity and anticipated earnings loss.
- **Exemplary Damages**: Highlight the defendant's conduct justifying punitive damages, supported by facts and possibly prior case law citations.

Ensure all allegations in your petition adequately support the claimed relief, and remember that for claims like defamation, invasion of privacy, or breach of contract, nominal damages are also requested to recognize the violation of rights.

Finally, for any additional suggestions or specific cases allowing different types of relief, related case law or statutory provisions should be cited to bolster the request.

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Date of Service AI