Amended Pleading - Law Dictionary Search Results
Home Dictionary Name: amended pleadingamended pleading
amended pleading see pleading ...
pleading
pleading 1 a : one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses ;also : a written document embodying such a declaration see also relation back b : any of the allegations, averments, claims, denials, or defenses set forth in a pleading alternative pleading : a pleading that sets out an alternative theory in support of a plaintiff's claim for relief or a defendant's defense amended pleading : a pleading that is filed to replace an original pleading and that contains matters omitted from or not known at the time of the original pleading re·spon·sive pleading [ri-spÄ n-siv-] : a pleading that directly responds to another pleading (as by denying in an answer allegations in a complaint) sham pleading : a pleading that is factually false, is not made in good faith, and that may be struck supplemental pleading : a pleading that supplem...
Amendment
Amendment, a correction of any errors in the writ or pleadings in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and rules, but it will not be exercised to the prejudice of a party to the proceeding; apart from this, it is in general a mere matter of costs.1. Amendment of proceedings in the Supreme Court. By R. S. C. Ord. XXVIII., r. 1, the Court or a judge may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. This is the general principle. The remaining rules of the Order prescribe the practice in detail; they allow the plaintiff to amend his statement of claim once without leave, and the defendant similarly to amend a counterclaim or set-off. But a defence cannot be amended without le...
amendment
amendment 1 : an act of amending ;esp : an alteration in wording [s to cure the defect in the pleading] 2 : an alteration proposed or put into effect by legislative or constitutional procedure [the Congress…shall propose s to this Constitution "U.S. Constitution art. V"] ...
Amends, tender of
Amends, tender of, was by many particular statutes made a defence in an action for a wrong, especially in cases where the wrong had been done by some public authority or person acting in pursuance of an (English) Act of Parliament, as the Highway Act, 1835 (see s. 105), or the (English) Larceny Act, 1861 (see s. 113), in apprehending, for instance, a person found committing an offence against that Act. These are repealed by the (English) Public Authorities Protection Act, 1893, which provides, amongst other things, for the pleading of tender of amends, and for taxation of the defendant's costs between solicitor and client in event of the plaintiff not recovering more than the sum tendered, etc. As to tender upon distress (q.v.), whether before or after impounding but before sale, see Johnson v. Upham, (1859) 2 E&E 250. For wrongful distress, see (English) Distress for Rent Act, 1737, and for trespass on land with disclaimer of title, (English) Limitation Act, 1623 (21 Jac. 1, c. 16), s...
Pleading
Pleading. 1. In its general sense, the proceedings from the statement of claim to issue joined, i.e., the opposing statements of the parties. 2. Any part of these proceedings.The science of pleading was no doubt derived from Normandy. The use of stated forms of pleading is not to be traced among the Anglo-Saxons. Pleading was cultivated as a science in the reign of Edward I. The object of pleading is to ascertain, by the production of an issue, the subject for decision. Before the Judicature Acts, pleading under the Judicature Act is intended to combine the advantages of the two systems; it being provided by R.S.C. 1883, Ord. XIX., Rule 4, that 'every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies; but not the evidence by which they are to be proved,' and 'shall, when necessary, be divided into paragraphs numbered consecutively.' Consult Bullen and Leake, or Odgers on Pleading.A pleading has to be read as...
plead
plead plead·ed or: pled also: plead [pled] plead·ing [Anglo-French plaider to argue in a court of law, from Old French plaid legal action, trial more at plea ] vi 1 : to make an allegation in an action or other legal proceeding ;esp : to answer the pleading or charge of the other party by denying facts therein stated or by alleging new facts [the defendant shall be given a copy of the indictment or information before the defendant is called upon to "Kansas Statutes Annotated"] see also alternative 2 : to make a specific plea [ not guilty] ;also : to make a plea of guilty [agreed to to the lesser charge] vt 1 : to allege in or by way of a pleading : state in a pleading [unless plaintiff s and proves facts showing actual malice, he cannot recover punitive damages "Kumaran v. Brotman, 617 N.E.2d 191 (1993)"] [ a case of fraudulent conveyance] 2 : to offer as an excuse [cannot ignorance of the law] plead·able adj plead·er n ...
cause of action
cause of action 1 : the grounds (as violation of a right) that entitle a plaintiff to bring a suit [an amended pleading reiterating a cause of action for lost profits "J. H. Friedenthal et al."] ;also : the part of a suit brought on those grounds [removed the cause of action to the district court] 2 : right of action [the court, led by Justice Brennan, said Congress intended to provide a private cause of action "National Law Journal"] ...
Double pleading
Double pleading. This was not allowed either in the declaration or subsequent pleadings. Its meaning with respect to the former was, that the declaration must not, in support of a single demand, allege several distinct matters, by any one of which that demand is sufficiently supported. With respect to the subsequent pleadings, the meaning was that none of them was to contain several distinct answers to that which preceded it; and the reason of the rule in each case was, that such pleading tended to several issues in respect of a single claim. See Steph. Plead., pp. 313 et seq...
Oral pleading
Oral pleading, pleadings by word of mouth in presence of the judges. This was the original mode of pleading; it was, however, except in criminal cases, superseded by written pleadings in the reign of Edward III. see Odgers on Pleading....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial