§ 16-64-102 - Issues.
16-64-102. Issues.
(a) Issues arise upon the pleadings where a fact or conclusion of law is maintained by one party and controverted by the other. They are of two (2) kinds: of law and of fact.
(b) (1) An issue of law arises upon a demurrer to the complaint, answer, or reply, or to some part thereof.
(2) An issue of fact arises upon:
(A) A material allegation in the complaint denied by the answer;
(B) A setoff or counterclaim presented in the answer and denied by the reply; and
(C) Material new matter in the answer or reply, which shall be considered as controverted by the opposite party without further pleading.
(c) Issues both of law and fact may arise upon different parts of the pleadings in the same action. In such cases, the issues of law must be first tried unless the court otherwise directs.