Pleading - Law Dictionary Search Results
Home Dictionary Name: pleading Page: 4Rejoinder
Rejoinder, a defendant's answer to a plaintiff's reply, which must have been delivered within four days after notice, unless the defendant was under any terms of 'rejoining gratis,' which meant rejoining within four days from the delivery of the replication without a notice to rejoin, or a demand of a rejoinder.By (English) R.S.C. 1883, Ord. XXIII., no pleading subsequent to reply, other than a joinder of issue, may be pleaded without leave, except in Admiralty actions, and subject to this rule every pleading subsequent to reply must be delivered within four days after the delivery of the previous pleading. The pleadings subsequent to reply are Rejoinder, Surrejoinder, Rebutter and Surrebutter (see those titles)....
On or about
On or about, means approximately; at or around the times specified. This language is used in pleading to prevent a variance between the pleading and the proof usu. when there is any uncertainty about the exact date of a pivotal event. When used in non-pleading contexts, the phrase is mere jargon, Black's Law Dictionary, 7th Edn., p. 1117...
aver
aver averred aver·ring : to assert or declare positively esp. in a pleading : allege [not necessary to the capacity of a party to sue "Federal Rules of Civil Procedure Rule 9(a)"] NOTE: Federal Rule of Civil Procedure 8(e)(1) requires that averments in a pleading be “simple, concise, and direct,” and states that “no technical forms of pleading or motions are required.” aver·ment n ...
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 ...
Colour
Colour, a term of the ancient rhetoricians, and early adopted into the language of pleading. It was an apparent or prima facie right; and the meaning of the rule, that pleadings in confession and avoidance should give colour, was that they should confess the matter adversely alleged, to such an extent, atleast, as to admit some apparent right in the opposite party, which required to be encountered and avoided by the allegation of new matter colour was either express, i.e., inserted in the pleading, or implied, which was naturally inherent in the structure of the pleading, Steph. Plead. 233. Express colour was abolished by (English) C.L.P. Act, 1852, s. 64....
Duplicity
Duplicity, the term corresponding to double pleading in law. See DOUBLE PLEADING AND PLEADING....
Beau-pleader
Beau-pleader (to plead fairly), an obsolete writ upon the Statute of Malbridge (52 Hen. 3, c. 11), which enacted that neither in the circuits of the justices, nor in counties, hundreds, or courts-baron, any fines should be taken for fair pleading, i.e., for not pleading fairly or aptly to the purpose; upon this statute, them, this writ was ordained, addressed to the sheriff, bailiff, or him who shall demand such fine, prohibiting him to demand it; an alias, pluries, and attachment followed, Nat. Br. 596. It used to be had as well in respect of vicious as fair pleading by way of amendment-2 Inst. 122....
Oyer
Oyer (to hear), the ancient word for assizes; oyer of a deed, i.e., the right of a defendant to have a deed read to him, is abolished by (English) C.L.P. Act, 1852, 55.Means a party having a right to demand oyer is yet not obliged, in all cases, to exercise that right; nor is he obliged, in all cases, offer demanding it, to notice it in the pleading he afterwards files or delivers. Sometimes, however, he is obliged to do both, namely, where he has occasion to found his answer upon any matter contained in the deed of which profert is made, and not set forth by his adversary. In these cases the only admissible method of making such matter appear to the court is to demand oyer, and, from the copy given, set forth the whole deed verbatim in his pleading, Handbook of Common-Law Pleading, Benjamin J. Shipman, 289 at 483 (Henry Winthrop Ballantine, Editor, 3rd Edn., 1923)....
Profert in curi'
Profert in curi' (he produces in court). Where either party alleged any deed, he was generally obliged, by a rule of pleading, to make profert of such deed; that is, to produce it in Court simultaneously with the pleading in which it was alleged. This, in the days of oral pleading, was of course an actual production in court. Since then it consisted of a formal allegation that he showed the deed in Court, it being, in fact, retained in his own custody. See OYER. Abolished by C.L.P. Act, 1852, s. 55....
motion
motion [Anglo-French, from Latin motion- motio movement, from movēre to move] 1 : a proposal for action ;esp : a formal proposal made in a legislative assembly [made a to refer the bill to committee] 2 a : an application made to a court or judge to obtain an order, ruling, or direction [a to arrest judgment] ;also : a document containing such an application b : the initiative of a court to issue an order, ruling, or direction [the court is given discretion to order a pretrial conference either on its own or at the request of a party "J. H. Friedenthal et al."] motion for judgment on the pleadings : a motion made after pleadings have been entered that requests the court to issue a judgment at that point compare summary judgment at judgment NOTE: Under the Federal Rules of Civil Procedure, if matters outside of the pleadings are presented to the court when a motion for judgment on the pleadings is made, the motion will be treated as a motion for summary judgment. motion f...
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