Untitled Texas Attorney General Opinion

E GENERAL QF EXAS December 1.8, 1964 Honorable Paul B. Cox Opinion No. C- 366 County Attorney Cherokee County Re: Duty and authority of the Rusk, Texas County Court of Cherokee County under Sec. 82 of the Mental Health Code Dear Mr. Cox: under the stated facts. Your letter requesting an opinion of this office reads In part as follows: "I hand you herewith a copy of a letter dated November 18, 1964, addressed to the writer by the Honorable J. W. Chandler, County Judge of Cherokee County, Texas, and its attach- ment, being a letter dated November 16, 1964, from one F. M. Howell. .Your attention is directed to Art. 5547-82; subparagraph (a) which reads as follows: "'Any patient, or his next friend on his behalf and with his consent, may petition the County Judge of the County in which the patient is hospitalized for re-examinationand hearing to determine whether the patient requires con- tinued hospitalizationas a mentally ill person.' II . . . "Now, the specific problem is this, Judge Chandler receives letters of the nature of the letter of Mr. Howell quite often and it raises a question as to whether or not such a letter would constitute a petition for re-examination, it having been directed to the Judge, but con- tains no formality of pleading and is not accom- panied by a deposit for court costs or a Pauper's Affidavit." -1735- 1., Hon. Paul B. Cox, page 2 (c-366 ) Rules of Civil Procedure, Rule 45, provides: "Pleadingsin the district and county courts shall Be by petition and answer 11 Consist of a statement in plain and t concise language of the plaintiff's cause of action or the defendant'sgrounds of defense. That an allegationbe evldentiaryor be of legal conclusion shall not be ground for ob- jection when fair notice to the opponent is given b the allegationsas a whole, d Contain any other matter which may be required by any law or rule authorizing or regulating any particular action or defense. (d) Be In writing, signed by the party or his attorney, and be filed with the clerk. "All pleadings shall be so construed as to do substantialjustice." Rule 79 provides: 'The petition shall state the names of the parties and their residences, If known, together with the contents prescribed in Rule 47 above." Rule 47 provides: "A pleading which sets forth a claim for relief, whether an original petition, counter- claim, cross claim or third party claim, shall contain (4 a short statement of the cause of action sufficientto give fair notice of the claim Involved, and (b) a demand for judgment for the relief to which the party deems himself entitled. . . .v The purpose of Article 5547-82, .setforth above, Is to provide a new~and less formal method by which a patient may obtain a rehearing and examination. This Article provides a protection against unjustified detention of a patient In a mental hospital and promotes more frequent examinationsof patients. Historical Comment on Article 5547-82. As to what constitutes a petit%on referred to by Article 5547-82(a), the Texas Rules of Civil Procedure,more specificallythe particularrules set forth above,requirea combinationof elements in specific as well as general terms. Substantialcompliance with statutoryrequirements -1736- Hon. Paul B. Coxp page 3 (C-366) as to the form and requisites of the plaintfffPs lnitfal pleading is sufficient, 71 C.J.S, 160, @ 64. Letters contafning those requirementsset forth specificallyand #enerallysbythe above quoted Rules are within the scope of the petition requirement of Article 554~~82( a) D As to the petition letter of F. R. Howell, the petf- tioner'a name, residence, and plea for relief are specifically Included. Even though the facts a8 narrated by Mrp.Howell tend to raise more than one cause of action, this does not invalidate the letter as a petition, Colbert v, Dallas Joint Stock Land Bank, 129 Tex. 235$ 102 S.W.28 1031 (1937) M H 11 1 zrqestloned his eanity status by the word~'"I"~ no,""&~~;, The Supreme Court fn Oliver v. Chapman, 15 Tex. 400 (1855); said at page 4038 "Though, in our pleadings, specialtyand certainty'toevery reasonable intent, so'as to exclude all reasonable doubt as to the real grounds on which the party intends to base his rfght, are required, yet thfs doctrine has not been oarried to such a length as to require the statement of all those minute circumstanceswhich are but evidence of the right," Within the purposes of Article 5547-82(a) as above aet forth* Mr. HowellEs letter supplies sufficientbasis to afford the County Judge reasonable o matter placed In issue, (Tex.Clv,App.,error ref, S.W.2d 570 (Tex,Civ,App. costs apply only to dlsmf 143. It Is our opinion that letters which contain sufffcfen% Informationto satisfy requirementsof the Rules of Civil Pro- cedure are petitions within Article 5547-82(a);however the deter- mination of whether an fnformal letter fs sufffoientto satisfy such requirementsIs in the sound discretion of the court. SUMMARY Letters which contain sufffcfent information to satisfy requfremen%sof %he Rules of Civil Pro- cedure are petitfons within Article 5547-82(a);how- evep the determfnatfonof whether an informal letter Hon. Paul B. Cox, page 4 (C-366) Is sufficientto Satisfy such requirementsis in the sound dlecretion of the court. Very truly yours, WAQOONER CARR Attorney General By: Gordon Ifouser Assistant 0H:nP:mlch APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Paul Phy J, S. Bracewell APPROVEDFORTHEATTORNEY OH?ERAL BY: Stanton Stone 4738-