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Free Books / Society / Law / Law Pleading, Code Pleading, Federal Procedure, Evidence / | ![]() |
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Section 45. Rules Tending To Prevent Prolixity And Delay |
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This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
(1) There must be no departure in the pleadings. A departure occurs when, in any pleading, the party deserts the ground which he took in the last antecedent pleading, and resorts to another.
(2) When a plea amounts to the general issue, it should be so pleaded.
(3) Surplusage is to be avoided. By surplusage is meant unnecessary matter of whatever description.
 
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