Pleadings and Motions

Pleadings

Ad Damnum Clause

Ad Damnum Clause

Ad Damnum Clause

The ad damnum states a numerical damages demand. Many jurisdictions have prohibited specific amounts in personal injury complaints, requiring instead a statement that damages exceed a jurisdictional threshold.

Federal practice does not require a specific figure.

Alternative Names:

Ad Damnum, Damages Demand

Why it Matters?

Prohibitions on stating specific amounts were adopted to prevent inflated demands from generating publicity and prejudicing juries, and they mean a complaint often reveals nothing about claimed value. That shifts exposure assessment to discovery, where a damages computation under Rule 26(a)(1) or an interrogatory answer produces the figure. Requesting that computation early is how a defendant establishes exposure for reserving.

Frequently asked questions

Why do states prohibit specific damages amounts?

How is exposure established instead?