Section 18.46 Pleadings

• Library: Tort Law 2016

B. (§18.46) Pleadings

For plaintiffs, if there is any clear statutory cause of action, it must be spelled out with a clear citation to the appropriate authority. Special damage items must be expressly identified in the petition under Rule 55.19.

For defendants, affirmative defenses must be pleaded at the time of the filing of the answer. Common affirmative defenses include comparative fault, failure to mitigate damages, and statutes of limitations. See generally Bus. Men’s Assurance Co. of Am. v. Graham...