• Rachael

Foundation of Every Lawsuit

Pleadings are the foundation of every lawsuit because they define the scope of the lawsuit, what evidence is relevant at trial, and what questions of fact are authorized to be decided by the trier-of-fact. The Texas Rules of Civil Procedure require that a party's pleadings give "fair notice" to its opponent of the claims and defenses it intends to advance at trial. See Tex. R. Civ. P. 45; Roark v. Allen, 632 S.W.2d 804, 810 (Tex. 1982). Under the "fair notice" standard for pleading, Texas courts look to whether the opposing party can ascertain from the pleading the nature and basic issues of the controversy and what testimony will be relevant. See Broom v. Brookshire Bros., Inc., 923 S.W.2d 57, 60 (Tex. App.—Tyler 1995, writ denied).

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