PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Designation of Cause of Action
............Pleading in the Alternative
4 Cards On This Topic:
  • When cause of action dependent on status and character of D, capacity must be pled in direct terms.
  • Right to plead in alternative does not include right to plead hypothetically.
  • Right to plead in alternative does not include right to plead disjunctive alternatives.
  • Although P may plead alternative cause of action, use of "and/or" to allege status of individual is ambiguous.