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! Below is a templated text for numbering your paragraphs starting from 7.1, along with a sample Equitable Relief statement based on the Texas Rules of Civil Procedure. Since the specifics of the causes of action you’ve listed aren’t provided, I’ll include a generic template which you can customize with appropriate legal and factual details. If you determine that an equitable relief is applicable based on the causes of action you have listed earlier, this is how you can draft it.

—

### Paragraph Numbering

7.1 [Insert your first paragraph content here.]

7.2 [Insert your second paragraph content here.]

7.3 [Insert your third paragraph content here.]

7.4 [You can continue adding more paragraphs as needed.]

### Equitable Relief

**Equitable Relief Statement:**

Plaintiff seeks [Identify Equitable Relief Sought, e.g., an injunction, specific performance, etc.].

[State facts supporting equitable relief, e.g., The Plaintiff is entitled to this relief because [describe the facts that entitle you to such relief, such as irreparable harm that cannot be adequately compensated by damages, the balance of equities in favor of the plaintiff, public interest considerations, etc.].]

Note: The specifics of the Equitable Relief statement will depend heavily on the particular facts of the case, including the specific cause of action and the legal theories supporting the claim for equitable relief.

Please fill in the placeholders with factual and legal details relevant to your case. For any legal drafting or to ensure compliance with the specific requisites under the Texas Rules of Civil Procedure and other pertinent laws, consulting with a licensed attorney is recommended.

Jury Demand ¶

Conditions Precedent ¶

Objection to Associate Judge ¶

Prayer ¶

To craft a comprehensive prayer section in your petition, it’s crucial to start with the specific causes of action you’re alleging, as the relief you’ll request must directly correspond to these claims. Below is a structured way to approach your prayer for relief, beginning with the provided outline and including both the specified and potential additional damages based on typical causes of action under Texas law.

### Preliminary Steps
1. **List Your Alleged Causes of Action:** Clearly define what specific causes of action you are pursuing (e.g., breach of contract, personal injury, business torts).
   
2. **Ensure Compliance with Tex. R. Civ. P:** Ensure that each claim aligns with the Texas Rules of Civil Procedure, focusing on specificity, particularly for any special damages claimed.
   
### General Outline for the Prayer Section
Begin your prayer for relief with the following statement as instructed:

> 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:

### Suggestions for Relief Based on Common Claims
Based on the claims you pursue, include corresponding relief. Here’s a generalized structure that can be adjusted as per your specifics:

a. **Actual Damages**
   – Describe actual damages pertinent to your claims (e.g., past and future medical expenses for personal injury, out-of-pocket for business claims).

b. **Equitable Relief**
   – If applicable, specify any equitable relief sought (e.g., specific performance for breach of contract).

c. **Exemplary Damages**
   – Exemplary damages, if claimed, need to be specially pled: Specify the grounds and amount if possible (e.g., under a fraud claim or malice).

d. **Interest**
   – [State whether you seek prejudgment interest under statutory or common law, and postjudgment interest – ensure compliance with Tex. Civ. Prac. & Rem. Code § 304.003].

e. **Court Costs**

f. **Attorney Fees**
   – If pursuing attorney fees, specify the statutory or contractual basis: [Attorneys’ fees should be claimed pursuant to Tex. Civ. Prac. & Rem. Code § 38.001, if applicable to your claim].

g. **All Other Relief Plentiff is Entitled To**

### Additional Suggestions for Claims
– **Nominal Damages**: If pursuing causes like breach of contract or defamation, request nominal damages.
– **Loss of Consortium/Services** (Special): Specify instances where this applies if alleging personal injury affecting household services.
– **Lost Profits** (Special): Specify anticipated or demonstrated lost profits in business-related claims.
– **Contractual Damages**: Depending on specifics, state losses due to expectancy issues or reliance.

### Instructions for Special Damages
For special damages, it’s essential to conform to Tex. R. Civ. P. 56 which mandates that special damages be specifically stated. For example:

– **Medical Expenses:**
  – Clearly itemize past medical expenses with documentation, and estimate future medical expenses with supporting medical testimony or projections.
  
– **Lost Earnings Capacity/Profits:**
  – Provide financial records or expert testimony demonstrating lost earnings or profits.
  
– **Exemplary Damages:**
  – Plead with specificity concerning conduct justifying such damages (i.e., malice, fraud, or gross negligence).

These suggestions are meant to provide a thorough framework for ensuring that your prayer for relief is both comprehensive and compliant with Texas procedural requirements. Tailor each paragraph to align with your specific claims and contemplated damages, seeking guidance from Texas statutes and case law as necessary to support each category of relief.

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Date of Service AI