Flashcards Studio

On February 2, 2024, a civil action for collection of a sum of money was filed in the trial court. On July 10, 2024, the Supreme Court amended Rule 4 to require that the complaint include computation of the amount claimed and attach supporting documents. The plaintiff's complaint filed February 2, 2024 did not include the computation or attachments. On July 11, 2024, the defendant moved to dismiss for noncompliance with the amended rule. The case is pending. (a)Identify the controlling doctrine on how to construe procedural rules in light of retroactivity for pending cases. (b)Apply that doctrine to these facts to decide whether the amended rule should govern the pending case. (c)If the case had been filed on July 11, 2024, after the amendment took effect, would the result be different? Explain briefly.