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prayer definition

the specific request for judgment, relief and/or damages at the conclusion of a complaint or petition. A typical prayer would read "The plaintiff prays for 1) special damages in the sum of $17,500; 2) general damages according to proof [proved in trial]; 3) reasonable attorney's fees; 4) costs of suit; and 5) such other and further relief as the court shall deem proper. " A prayer gives the judge an idea of what is sought, and may become the basis of a judgment if the defendant defaults (fails to file an answer). Sometimes a plaintiff will inflate damages in the prayer for publicity or intimidation purposes, or because the plaintiff believes that a gigantic demand will be a better starting point in negotiations. However, the ridiculous multi-million prayers in smaller cases make plaintiffs look foolish and unrealistic.

See also complaint default judgment
 
 
 
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