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 requestingan 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 attachment, 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 hospitalizedfor re-examination and hearing to determinewhether the patient requires continued hospitalization as a mentally ill person.' II

. . . "Now, the specificproblem is this, Judge Chandler receives letters of the nature of the letter of Mr. Howell quite often and it raises a questionas to whether or not such a letter would constitutea petition for re-examination, it having been directed to the Judge, but contains no formalityof pleading and is not accompanied 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
11 t Be by petition and answer Consist of a statementin plain and concise language of the plaintiff'scause of action or the defendant'sgrounds of defense. That an allegationbe evldentiaryor be of legal conclusionshall not be ground for objectionwhen 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 authorizingor regulatingany particularaction or defense. (d) Be In writing, signed by the party or his attorney,and be filed with the clerk. "All pleadings shall be so construedas to do substantialjustice." Rule 79 provides: 'The petition shall state the names of the parties and their residences,If known, together with the contentsprescribed in Rule 47 above." Rule 47 provides:
"A pleading which sets forth a claim for relief, whether an originalpetition, counterclaim, cross claim or third party claim, shall contain (4 a short statementof 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 patientmay obtain a rehearing and examination. This Article provides a protectionagainstunjustifieddetentionof a patient In a mental hospital and promotesmore 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 specifically the particularrules set forth above,require

a combinationof elements in specificas well as general terms. Substantialcompliancewith statutoryrequirements

-1736-Hon. Paul B. Coxp page 3 (C-366)

as to the form and requisitesof the plaintfffPslnitfal pleading is sufficient, 71 C.J.S, 160, @ 64. Letters contafningthose requirementsset forth specifically and #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 petftioner'aname, residence,and plea for relief are specifically Included. Even though the facts a8 narratedby 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 reasonabledoubt as to the real grounds on which the party intends to base his rfght, are required,yet thfs doctrinehas not been oarried to such a length as to require the statementof all those minute circumstances which are but evidence of the right," Within the purposes of Article 5547-82(a)as above aet forth* Mr. HowellEs letter supplies sufficient basis to afford the County Judge reasonableo 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 letterswhich contain sufffcfen% Informationto satisfy requirementsof the Rules of Civil Procedure are petitionswithin Article 5547-82(a);however the determination of whether an fnformal letter fs sufffoientto satisfy such requirementsIs in the sound discretionof the court. SUMMARY
Letters which contain sufffcfentinformation to satisfyrequfremen%sof %he Rules of Civil Procedure are petitfonswithin Article 5547-82(a);howevep the determfnatfonof whether an informal letterHon. Paul B. Cox, page 4 (C-366)

Is sufficientto Satisfy such requirementsis in the sound dlecretionof 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

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