respondeat ouster

respondeat ouster (ri-spon-dee-at ow-st[schwa]r). [Latin “let him make further answer”] An interlocutory judgment or order that a party who made a dilatory plea that has been denied must now plead on the merits.

— Also termed judgment respondeat ouster. [Cases: Pleading 111.47.]

“In case of felony, if the plea be held bad, the judgment is respondeat ouster; or rather, as the defendant generally pleads over to the felony, the jury are charged again, and that at the same time with the issue on the plea of autrefois acquit, to inquire of the second issue, and the trial proceeds as if no plea in bar had been pleaded.” 1 Joseph Chitty, A Practical Treatise on the Criminal Law 461 (2d ed. 1826).

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