rebuttal

rebuttal, n.

1. In-court contradiction of an adverse party’s evidence.

2. The time given to a party to present contradictory evidence or arguments. Cf. CASE-IN-CHIEF. [Cases: Criminal Law 683; Federal Civil Procedure 2015; Trial 62. C.J.S. Criminal Law § 1219; Trial § 195.]

“Rebuttal is the hardest argument to make in any court. In the Supreme Court and in most courts of appeals, petitioner has to work hard to save any time at all for rebuttal. In the Supreme Court, rebuttal time comes directly out of the 30 minutes allotted to petitioner’s side and, if the justices keep asking questions that use up petitioner’s time, the case is submitted without rebuttal. Many courts of appeals permit counsel to reserve time for rebuttal, either through the clerk in advance of the argument or at the beginning of the argument itself. It is the rare court of appeals panel that does not permit counsel at least one minute of rebuttal, even when counsel’s time has expired.” David C. Frederick, Supreme Court and Appellate Advocacy § 7.3, at 178 (2003) (dealing only with oral rebuttals on appeal).

3. The arguments contained in a reply brief. See reply brief under BRIEF.


专业法律词汇 词条贡献者
法律翻译李黎,毕业于欧洲顶尖的高级翻译学院,专注翻译各类与福利、薪酬及雇佣有关的法律文件。
Scroll to Top