PLEADING

The peculiar science or system of rules and principles, established in the common law, according to which the pleadings or responsive allegations of litigat- ing parties are framed, with a view to pre- serve technical propriety and to produce a proper issue. The process performed by the parties to a suit or action, in alternately presenting writ- ten statements of their contention, each re- sponsive to that which precedes, and each serving to narrow the field of controversy, until there evolves a single point, affirmed on one side and denied on the other, called the "issue," upon which they then go to trial. The act or step of interposing any one of the pleadings in a cause, but particularly one on the part of the defendant; and, in the strictest sense, one which sets up allegations of fact in defense to the action. The name "a pleading" is also given to any one of the formal written statements of accusation or defense presented by the par- ties alternately in an action at law; the ag- gregate of such statements filed in any one cause are termed "the pleadings." The oral advocacy of a client's cause in court, by his barrister or counsel, is some- times called "pleading;" but this is a popu- lar, rather than technical, use. In chancery practice. Consists in mak- ing the formal written allegations or state-

verbal or written opinions upon statements made verbally or in writing, and to draw pleadings, civil or criminal, and such practical er ne as may be out of the usual course Chit. Pr. 42. The peculiar science ot system of rules and principles, established in the common law, according to which the pleadings or responsive allegations of litigating parties are framed, with a view to preserve technical propriety and to produce & proper issue. ‘ The process performed by the parties to a@ suit or action, in alternately presenting written statements of their contention, each responsive to that which precedes, and each serving to narrow the field of controversy, until there evolves a single point, affirmed on one side and denied on the other, called the “issue,” upon which they then go to trial. The act or step of interposing any one of the pleadings in a cause, but particularly ene on the part of the defendant ; and, in the strictest sense, one whieh sets up allegations of fact in defense to the action. ve The name “a pleading’ is also given to any. one of the forma) written statements of accusation or defense presented by the parties alternately in an action at law; the aggregate of such statements filed in any one cause are termed “the pleadings.” - The oral advocacy of a client’s cause in court, by his barrister or counsel, is sometimes called “pleading ;’’ but this_is a popular, rather than technical, use. _ In chancery practice. Consists in makfng the formal written allegations or statements of the respective parties on the record to maintain the suit, or to defeat it, of which, when contested in matters of fact, they propose to offer proofs, and in matters of law to offer arguments to the court. Story, Eq. Pl. § 4, note. — —Double pleading. This is not allowed el- ‘ther in the declaration or subsequent pleadings. Its meaning with respect to the former is 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 is that none of them is to contain severa] distinct answers to that which preceded it: and the reason of the rule in each case is that such pleading tends to several ixsues in respect of a single claim. Whar pleading. When the allegations (or “pleadings.” as thev are called) of the contending parties in an action are not of the general or ordinary form. but are of a more complex or cial character, they are denominated “special pleadings ;’’ and, when a defendant pleads a plea of this description, (t. e., a special plea.) -he is said to plead specially, in opposition, to pleading the general issue. These terms have given rise to the popular denomination of that science which, though properly called “pleading,” is generally known by the name of “special pleading.” Brown. The allegation of special or new matter in opposition or explanation of the last previous averments on the other side, as distinguished from a direct denial of matter previously alleged by the opposite party. Gould, Pl. c. 1,§18& In populas

As to the procedure in foreign that value itself is relative, and that two attachment, see that title. The judge of the things are necessary to constitute it, indecourt is the recorder, or, in his absence, the com-pendently of the third thing, which is to mon serjeant. Section 43 of the act. (967) felony is said to "plead over" when in addition to, or after, pleading in abatement or specially, he pleads "not guilty." Arch. Cr. Pl. 128, 139; Rosc. Cr. Ev. 205. See PLEA, & 2; RESPONDEAT OUSTER. PLEAD, (in an order of the court to). 2 Gr. (N. J.) 344. PLEADER.- A person whose business it is to draw pleadings. Formerly, when pleading at common law was a highly technical and difficult art, there was a class of men known as "special pleaders not at the bar," who held a position intermediate between counsel and attorneys. The class is now almost extinct, and the term "pleaders" is generally applied, in England, to junior members of the common law bar. - NORMAN-FRENCH: ple, plee, an action or suit, (Britt. 23a;) from Latin, placitum, which meant (1) a constitution or statute. (Dirkson, Man. Lat vv. Placere; Placitum,) and later (2) meetings of legislative and judicial bodies for passing laws and deciding litigation, and hence (3) the suits themselves. (Diez. Etym. Worth v. Piato; Steph. Pl. App n 1.) In the early ages of the common law, the pleadings were oral statements, or arguments by the parties or their counsel, made alternately until the question in dispute was ascertained. 11 Sm. Ac. 77; 12 Id. 58; Steph. Pl. 23. 1. The pleadings in an action in a court of record are written or printed statements delivered alternatively by the parties to one another, until the questions of fact and law to be decided in the action have been ascertained. They begin after the defendant has appeared, except where plaintiff's first pleading is served with the process. See ACTION, & 2. 22. Each pleading commences with the title of the action, and states concisely the material facts (as to what are material facts, see Millington v. Loring, 6 Q. B. D. 190,) on which the party pleading relies, but not the evidence by which they are to be proved. 3. The first pleading is the plaintiff's statement of claim, declaration or complaint (qq. v.), unless the indorsements on the writ or summons are so full that either the plaintiff or the defendant considers a further statement of the cause of action unnecessary. 4. The next pleading is delivered by the defendant, and is either a plea, answer, demurrer, a statement of defense, a statement of defense and counter-claim (q. v.), or a combination of these. 5. The next pleading is either a demurrer or a reply (q. v.), or a combination of both. 6. If the reply is not merely a joinder of issue (q. v.), the next pleading is delivered by the defendant. This and the subsequent pleadings, if any, follow the names of the old pleadings at common law, viz., rejoinder, surrejoinder, rebutter and surrebutter (q. v.); but the rule generally in force, that no pleading subsequent to reply, other than a joinder of issue, shall be pleaded without leave of the court or a judge, coupled with the power of the judge to order issues to be settled, (see ISSUE, & 4,) and the power of amendment (q. v.), will in general prevent the pleadings from going so far. 27. In any case, however, unless either party demurs simply, or makes default, or unless issues are settled, the ultimate result must be that one party joins issue upon the preceding pleading of his adversary, and then the pleadings are said to be closed. 28. If the plaintiff does not deliver a reply or demurrer, or any party does not deliver any subsequent pleading within the proper time, the pleadings are then deemed to be closed, and the statements of fact in the pleading last delivered are deemed to be admitted. The next step is the notice of trial (q. v.) As to judgment by default in other cases, see JUDGMENT, 87. 29. Miscellaneous proceedings.- There are some miscellaneous proceedings in which the pleadings are different from those in an action, e. g. petitions of right (q. v.), in which the pleadings after the petition itself follow the same course as those in an action at law or suit in equity under the old practice, (infra, 28 11, 12;) and proceedings by scire facias, extent, traverse of office or inquisition, and criminal proceedings, as to which see INDICTMENT; INFORMATION, 27 et seq.; PLEA. 10. Common law. - Different systems of pleadings, except as to demurrers, prevail in the common law and equity courts. In a common law action, the pleadings consist of (1) the declaration; (2) plea; (3) replication; (4) rejoinder; (5) surrejoinder; (6) rebutter; (7) surrebutter. Co. Litt. 303b; 11 Sm. Ac. 77 et seq.; Steph. Pl. passim.

The act of advocating, defending, or supporting, a cause by arguments.

The act of making a plea. | A document filed in a lawsuit, particularly a document initiating litigation or responding to the initiation of litigation.

present participle and gerund of plead

That pleads.