Directory_and_Chronicle_1882 — Page 617

Contents of petition.

In what cases.

Effect of particulars.

Amendment.

Varianer.

46

RULES OF SUPREME COURT

or value of 100 dollars or upwards-or is for the recovery of damages of the amount of 100 dollars or upwards-proceedings shall be commenced by the filing of a petition (Form 5).

27. The petition shall e ntain a narrative of the material facts, matter, and circumstances on which the plaintiff relies, such narrative being divided into paragraphs numbered consecutively, each paragraph containing, as nearly as may be, a separate and distinct statement or allegation, and shall pray specially for the relief to which the plaintiff may conceive himself entitled, and also for general reli‹ f.

The petition must be as brief as may be con-ist nt with a clear statem. nt of the facts on which the prayer is sought to be supported, and with information to the defendant of the nature of tie claim set up.

Documents must not be unnecessarily set out in the petition in hac verba, but so much only of them as is pertinent and material may be set out, or the effect and substance of so much only of them as is pertinent and material may be given, without needless pro ixity.

Dates and sums shall be expressed in figures and not in words. The pe ition may not contain any statement of the mere evidence by which the facts alleged are intend. d to be proved, and may not contain any argument of law.

The facts material to the establishment of the plaintiff's right to recover shall be alleged positively, briefly, and as clearly as may be, so as to enable the defendant by his answer ether to admit or deny any one or more of the material allegations, or else to admit the truth of any or all of the allegations, but to set forth some other substance matter in his answer, by reason of which he intends to contend that the right of the plaintiff to recover or to any relief capable of being granted on the petition has not yet accrued, or is released or barred or otherwise gone.

Particulars of Demand.

28. Where the plaintiff's claim is for money payable in respect of any contract, express or implied,—or to recover the possession or the value of any goods wrongfully taken and detained by the defendant from the plaintiff, it shall be sufficient for the plaintiff to state his claim in the petition in a general form, and to annex to the petition a Schedule stating the particulars of his demand, in any form which shall give the defendant reasonably sufficient information as to the details of the claim.

An application for further or better particulars may be made by the defendant before answer on summons.

The plaintiff s all not at the hearing obtain a decree for any sum exceeding that stated in the particulars, except for subsequent interest and the costs of suit, notwithstanding that the sum claimed in the petition for debt or damages exceeds the sum stated in the particulars.

Particulars of demand shall not be amended except by 1 ave of the Court; and the Court may, on any application for leave to amend, grant the same, on its appearing that the defendant will not be prejudiced by amendment. Otherwise the Court may refuse leave or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.

Any variance between the items contained in the particulars and the items proved at the hearing may be amended at the bearing, either at once or on such terms as to notice, adjournment, or costs, as justice requires.