PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Incorporation by Reference
 10 Cards On This Topic:
  • Allegations in answer may be incorporated in cross-complaint.
  • Essential elements of cause of action must be pled in complaint and not by reference to attachments; it is not court’s duty to ferret out necessary elements of cause of action by referring to exhibits.
  • Essential allegations cannot be made through inference from exhibit or reference to another document.
  • Attached exhibit may be incorporated by reference into body of pleading.
  • Petition incorporating "inventory and appraisement" by reference invalid where not specified that "inventory and appraisement" fulfills statutory req’t to describe estate property.
  • If allegations in body of complaint plead beyond what is shown by attached exhibit, allegations in body will prevail.
  • Exhibits to pleading in another case must be attached to be incorporated by reference.
  • Allegation of ownership of real property in incorporated exhibit sufficient to establish standing.
  • Facts alleged in other pleadings in case may be incorporated by reference.
  • Exhibits attached to superseded pleadings may be incorporated by reference to subsequent pleading.


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