Ad quod damnum
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 defendants' right to a fair trial) 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
[edit]References
[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.