In Iowa, a plaintiff is generally entitled to recovery of attorney fees where such a recovery is contemplated by a contract or a statute. Of course, the plaintiff has to succeed in his or her lawsuit to recover as well.Oct 11, 2016
Under Texas law, a contract may provide that the prevailing party, whether the plaintiff or defendant, will recover its attorneys' fees against the other party, or that the statutory right for a prevailing plaintiff to recover its fees under section 38.001 is waived leaving no party able to recover its fees.Jul 26, 2021
The object of pleadings is to ensure parties are stating the issue at hand and to further prevent them from being enlarged once the trial commences. It also helps in keeping the parties on track in terms of what needs to be proved at trial.
The short answer is: No, you are usually not entitled to recover your attorneys' fees in a Breach of Fiduciary Duty case. However, there may be other causes of action to file with your breach of fiduciary duty claim, which may entitle you to recover attorneys' fees.
While the general rule in Texas does indeed follow the American Rule, certain exceptions exist, and litigants may recover attorney's fees if specifically provided for by statute or contract.
Rule 5 prescribes the procedure at the defendant's initial appearance. In most misdemeanor cases, the initial appearance will also be the time of arraignment and disposition. Rule 5.02 requires the appointment of a qualified interpreter for a defendant disabled in communication.
Four fundamental rules of pleading are; (1) Pleadings should state facts and not law; (2) The facts stated in pleadings should be material facts; (3) Pleadings should not state the evidence; and (4) The facts in pleadings should be stated in a concise form.Aug 22, 2017
A plaintiff who issues processes in the magistrates' court due to financial circumstances is debarred from transferring the same matter to the High Court, should new circumstances arise.Aug 1, 2021