Cannot inroduce new issues in point of claim
A crucial concept in litigation!
"Cannot introduce new issues in point of claim" is a legal principle that means a party cannot raise a new claim or issue in their pleadings (such as a complaint or answer) that was not previously raised in the original pleadings.
In other words, once a party has filed their initial pleadings, they are generally limited to the claims and issues they raised in those pleadings. They cannot suddenly introduce new claims or issues that were not previously raised, unless they can demonstrate a valid reason for doing so, such as:
- Amending their pleadings to correct a mistake or clarify their claims.
- Introducing new evidence that was not previously available.
- Showing that the new claim or issue is closely related to the original claims and was not reasonably discoverable earlier.
The purpose of this principle is to prevent surprise and to ensure that all parties have a fair opportunity to prepare and respond to the claims and issues presented in the litigation. It also helps to prevent the introduction of new and unrelated claims that could potentially delay or complicate the litigation.
In practice, this principle is often applied through rules of civil procedure, such as Federal Rule of Civil Procedure 15(a), which states that a party may amend their pleadings only with the opposing party's written consent or upon a showing of good cause.