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admit advance of trial affirmative defense allegations allowed amend answer assert attorney auto accident avoid burdens of pleading cause of action Chapter code pleading common law COMPLAINT Ch contributory negligence counterclaim crossclaim damages defendant defendant's demurrer denial deny deponent deposition devices DISCOVERY Ch document drafting effect entitled equity eral evidence exist fails federal courts Federal Rule fendant forms of action granted injuries issue John Doe joinder judge judicial jurisdiction jury language lawsuit lawyer legal sufficiency litigation major premise matter ment motion for summary motion to dismiss motion to strike negligence party seeking person plain plaintiff plaintiff's claim plea pleader prayer for relief pretrial conference problem Procedure before trial proof prove questions relying remedy res judicata rule of law scope side sion situations sometimes specific Stanford Law Library statement of facts statute substantive law summary judgment tiff tion tive tort uoipa witnesses York Code