Ad quod damnum or ad damnum is a Latin phrase meaning "according to the harm" or "appropriate to the harm". It is used in tort law as a measure of damage inflicted, and implying a remedy, if one exists, ought to correspond specifically and only to the damage suffered. It is also used in pleading, as the statement of the plaintiff's money loss or damages claimed.[1][2] An ad damnum clause is also sometimes called a "prayer for relief."[2]
Several U.S. states prohibit plaintiffs from demanding a specific amount of money in the ad damnum section of a complaint initiating a civil action for personal injury or wrongful death.[2] This is to prevent unethical attorneys from gaining undue publicity for their cases (and trampling upon the due process rights of defendants) by demanding outrageous amounts that they cannot possibly prove at trial.[2] This is why such complaints simply demand amounts "in excess of $[X]" (where X is the minimum amount in controversy necessary to get into the trial court of general jurisdiction),[2] "pecuniary loss", or "monetary damages in an amount according to proof."[citation needed] Of course, at some point the defendant needs to get some idea of what amount of money the plaintiff actually wants, so the defendant can usually serve interrogatories directed to that issue or a formal request for a statement of damages as part of the discovery process.
^ abcdeHart, William; Blanchard, Roderick D. (2007). Litigation and Trial Practice (6th ed.). Clifton Park, NY: Delmar Learning. p. 146. ISBN978-1418016890. Retrieved 15 June 2020.
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quod, damnum, damnum, latin, phrase, meaning, according, harm, appropriate, harm, used, tort, measure, damage, inflicted, implying, remedy, exists, ought, correspond, specifically, only, damage, suffered, also, used, pleading, statement, plaintiff, money, loss. Ad quod damnum or ad damnum is a Latin phrase meaning according to the harm or appropriate to the harm It is used in tort law as a measure of damage inflicted and implying a remedy if one exists ought to correspond specifically and only to the damage suffered It is also used in pleading as the statement of the plaintiff s money loss or damages claimed 1 2 An ad damnum clause is also sometimes called a prayer for relief 2 Several U S states prohibit plaintiffs from demanding a specific amount of money in the ad damnum section of a complaint initiating a civil action for personal injury or wrongful death 2 This is to prevent unethical attorneys from gaining undue publicity for their cases and trampling upon the due process rights of defendants by demanding outrageous amounts that they cannot possibly prove at trial 2 This is why such complaints simply demand amounts in excess of X where X is the minimum amount in controversy necessary to get into the trial court of general jurisdiction 2 pecuniary loss or monetary damages in an amount according to proof citation needed Of course at some point the defendant needs to get some idea of what amount of money the plaintiff actually wants so the defendant can usually serve interrogatories directed to that issue or a formal request for a statement of damages as part of the discovery process See also EditDamnum absque injuriaReferences Edit See Federal Rule of Civil Procedure 8 a 3 a b c d e Hart William Blanchard Roderick D 2007 Litigation and Trial Practice 6th ed Clifton Park NY Delmar Learning p 146 ISBN 978 1418016890 Retrieved 15 June 2020 IUSThis legal article about a Latin phrase is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Ad quod damnum amp oldid 1154234282, wikipedia, wiki, book, books, library,
