Alabama Code 6-5-703. Complaint to contain detailed specification and factual description of each act and omission alleged
Terms Used In Alabama Code 6-5-703
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
In any action for injury, damages, or wrongful death, whether in contract or in tort, against an awarding authority or its contractors arising from any negligent act or omission in the construction or maintenance of a public road, the plaintiff shall include in the complaint filed in the action a detailed specification and factual description of each act and omission alleged by the plaintiff, and shall include when feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall amend the complaint timely upon ascertainment of new or different acts or omissions upon which the claim is based; provided, however, that any such amendment must be made at least 90 days before trial. Any complaint that fails to include such detailed specification and factual description of each act and omission shall be subject to dismissal for failure to state a claim upon which relief may be granted. This section shall not apply to claims by the awarding authority or contractor against each other.