special pleading

special pleading.

1. The common-law system of pleading that required the parties to exchange a series of court papers (such as replications, rebutters, and surrebutters) setting out their contentions in accordance with hypertechnical rules before a case could be tried. • Often, therefore, cases were decided on points of pleading and not on the merits. [Cases: Pleading

1. C.J.S. Pleading §§ 2–3, 6–7, 593.]

2. The art of drafting pleadings under this system.

3. An instance of drafting such a pleading.

4. A responsive pleading that does more than merely deny allegations, as by introducing new matter to justify an otherwise blameworthy act.

5. An argument that is unfairly slanted toward the speaker’s viewpoint because it omits unfavorable facts or authorities and develops only favorable ones.


专业法律词汇 词条贡献者
双语律师Peter,毕业于法国一流的高级翻译学院,擅长翻译涉及基础建设领域的法律文件。
Scroll to Top