Skip to content


Pleading - Law Dictionary Search Results

Home Dictionary Name: 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...


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...


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 This was the original mode of pleading; it was, however, except in criminal cases, superseded by written pleadings in the reign of Edward III.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....


Special pleading

Special pleading, the science of pleading. It is a forensic invention, due to the dialectic genius of the Middle Ages, but nearly destroyed by modern innovation. See Steph. On Plead.; Bullen and Leake's Prec. of Pleadings; and Chitty's Precedents. See PLEADING....


alternative pleading

alternative pleading see pleading ...


amended pleading

amended pleading see pleading ...


code pleading

code pleading see pleading ...


fact pleading

fact pleading see pleading ...


notice pleading

notice pleading see pleading ...


responsive pleading

responsive pleading see pleading ...


  • << Prev.

Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //