replication (rep-l[schwa]-kay-sh[schwa]n). A plaintiff’s or complainant’s reply to a defendant’s plea or answer; REPLY(2). [Cases: Pleading 162. C.J.S. Pleading §§ 209, 219.] anticipatory replication. Equity pleading. In an original bill, the denial of defensive matters that the defendant might assert. • A defendant who relies on the anticipated defense must traverse the anticipatory matter in […]
Equity pleading. A replication that puts in issue a new fact to counter a new matter raised in the defendant’s plea or answer. [Cases: Equity 209.]
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Common-law pleading. A traverse occurring only in the replication whereby the plaintiff is permitted to traverse the whole substance of a plea consisting merely of legal excuse, when the matter does not involve a title or interest in land, authority of law, authority of fact derived from the opposing party, or any matter of record.
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Common-law pleading. A replication asserting that the discharge pleaded by the defendant was obtained by fraud.
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replication n. 回答；答覆 普通法诉讼中，指原告对被告的答辩〔plea〕所作的答覆；衡平法诉讼中，指原告对被告的答辩〔answer〕所作的答覆。这是原告在诉讼中提交的第二份诉答文书，对此被告可以作出他的第二次答辩〔rejoinder〕。
Equity pleading. In an original bill, the denial of defensive matters that the defendant might assert. • A defendant who relies on the anticipated defense must traverse the anticipatory matter in addition to setting up the defense. [Cases: Equity 133.]
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Equity pleading. A replication that consists of a general denial of the defendant’s plea or answer and an assertion of the truth and sufficiency of the bill. [Cases: Equity 207.]
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reply, n. 1. Civil procedure. In federal practice, the plaintiff’s response to the defendant’s counterclaim (or, by court order, to the defendant’s or a third party’s answer).Fed. R. Civ. P. 7(a). [Cases: Federal Civil Procedure 801–815.] 2. Common-law pleading. The plaintiff’s response to the defendant’s plea or answer. • The reply is the plaintiff’s second
replicatio (rep-li-kay-shee-oh), n. [Latin] Roman law. A plaintiff’s rejection of what a defendant asserted in an exceptio; a counterexception. Pl. replicationes (rep-li-kay-shee-oh-neez). Cf. TRIPLICATIO; QUADRUPLICATIO.
surrejoinder (s[schwa]r-ri-joyn-d[schwa]r).Common-law pleading. The plaintiff’s answer to the defendant’s rejoinder. See REPLICATION. [Cases: Pleading 184.] “Where the common-law system of pleading is in force, the pleadings do not terminate with the plaintiff’s replication. The defendant may interpose a rejoinder to the replication, and the plaintiff a surrejoinder to the defendant’s rejoinder. Then follows the rebutter,