PRETRIAL ADJUDICATION
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Pleading
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Complaints
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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.