Section 4.3 Petition or Complaint

• Library: Civil Trial Practice 2015 Supp

A. (§4.3) Petition or Complaint

1. Have the facts been investigated?

2. Research

a. Where did the occurrence happen, or where was the contract executed?

b. Substantive law

(1) What state law applies?

(2) Can a submissible case be made?

c. Procedural law

(1) Is it a res ipsa loquitur case or one of specific evidence?

(2) The dead man’s statute and other rules of evidence . . .

d. The appropriate relief—negligence or warranty, express or implied contract

e. Ancillary proceedings—should a restraining order or receiver be requested?

f. Recovery—will damages be sufficient or should you sue in rescission?

g...