§ 456.Judgment Or Determination Stated As Duly Given Or Made and to Be Final
Title 6. Of the Pleadings In Civil Actions · Chapter 7. General Rules of Pleading · Last amended 1957 · Last verified July 28, 2026
Full Text of § 456
Plain-English Summary
Rather than pleading out every fact that gave a court, officer, or board jurisdiction to reach a prior judgment or determination, § 456 lets a party allege that the judgment or determination was duly given or made and has become final. That single allegation stands in for the underlying jurisdictional history.
The shortcut only holds while it goes unchallenged. If the adverse party controverts the allegation, the burden shifts back: the pleading party must then establish at trial the facts that conferred jurisdiction and made the judgment or determination final.
Frequently Asked Questions
Can I plead a prior judgment without describing how the court got jurisdiction?
Yes. Section 456 lets you allege that the judgment was duly given or made and has become final, without pleading the jurisdictional facts.
What happens if the other side disputes that a judgment is final?
Once the allegation is controverted, § 456 requires the pleading party to prove at trial the facts that conferred jurisdiction and established finality.
Amendment History
Amended by Stats. 1957, Ch. 1365.