s 16.03
In forcePleading of facts
Chapter 2Original jurisdiction—proceedings generally
Part 16Pleadings
Division 16.1General
16.03 Pleading of facts
(1)
A party must plead a fact if:
(a)
it is necessary to plead it to meet an express denial of the fact pleaded by another party; or
(b)
failure to plead the fact may take another party by surprise.
(2)
However, a party need not plead a fact if the burden of proving the fact does not lie on that party.
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