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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 89105
Experience:  Fully licensed attorney in Texas in private practice.
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What should I use for the Caption? Right now I have: Complaint

Resolved Question:

What should I use for the Caption? Right now I have:

Complaint of Legal Malpractice
Intentional Tort

Also, should I include the basic Exhibits with my Complaint, i.e., the Will, and the Memorandum of Decision that removed him as executor, or wait for Discovery?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello friend,

Thank you for requesting me.

What should I use for the Caption? Right now I have:
Complaint of Legal Malpractice
Intentional Tort


You mean what should you use for a title? Honestly, simply COMPLAINT should be fine.

Also, should I include the basic Exhibits with my Complaint, i.e., the Will, and the Memorandum of Decision that removed him as executor, or wait for Discovery?

This is a decision that is up to you. However, if someone in your situation plan to use these exhibits in court and/or one's complaint can be helped by the exhibits (i.e. "...and then Defendant did ___, see Exhibit 3"), then attaching it may be a good idea.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

When you say it might be a good idea for me to attach my exhibits if I plan to use them in court, are you saying I can ONLY use exhibits that I include with my complaint in court?


My Complaint is currently 38 pages with no exhibits. Originally I had planned to include all 100+ exhibits as PROOF that this executor committed malpractice. But I was told not to "try" my case in the complaint; that these things would come out during Discovery.


So, my question is this: Can I produce evidence which I referred to in the Complaint later on, and, also, produce evidence which I MAY NOT HAVE referred to in the Complaint?

Expert:  Ely replied 1 year ago.
Hello friend and my apologies for the wait. I am actually away from the site today, and my replies may be intermittent.

When you say it might be a good idea for me to attach my exhibits if I plan to use them in court, are you saying I can ONLY use exhibits that I include with my complaint in court?

Not at all. One has the option of either (1) including the Exhibits with the pleading, or (2) introducing them in Court at time of hearing.

It really is your decision.

My Complaint is currently 38 pages with no exhibits. Originally I had planned to include all 100+ exhibits as PROOF that this executor committed malpractice. But I was told not to "try" my case in the complaint; that these things would come out during Discovery.

This is an over-generalization. I am not what was meant when you were told this. I can tell you that there is no "surprise" in Court. Both parties will have ample time to review the other's exhibits and evidence one way or another. So you are not "tipping your hand" by including the exhibits, nor are you 'trying' the case by including them with the pleading. Again, it is your decisino.

So, my question is this: Can I produce evidence which I referred to in the Complaint later on, and, also, produce evidence which I MAY NOT HAVE referred to in the Complaint?

You can - you can produce evidence that is not mentioned in your complaint later on, even if not referred to or included with your complaint.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 89105
Experience: Fully licensed attorney in Texas in private practice.
Ely and 8 other Estate Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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Ely
Counselor at Law
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