pleadings

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pleadings:

see procedureprocedure,
in law, the rules that govern the obtaining of legal redress. This article deals only with civil procedure in Anglo-American law (for criminal procedure, see criminal law).
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Pleadings

 

in a court proceeding, an independent part of a trial in which the participants in the proceeding summarize the court-conducted investigations of the circumstances of the case and set forth proposals on how the case should be decided. In a Soviet criminal proceeding, pleadings include speeches by the prosecutors, the civil plaintiff, the civil defendant, representatives of the civil plaintiff and defendant, and the defense attorney. If no defense attorney is present at the court session, a public defender or the prisoner at the bar can plead. In addition, in cases of private accusation, the victim or his representative may speak. According to the law of certain Union republics (for example, the Code of Criminal Procedure of the Ukrainian SSR, art. 318), the victim takes part in the pleadings in all cases where no state or public prosecutor is involved. The length of the pleadings is unrestricted, but the presiding judge has the right to stop speakers if they discuss circumstances irrelevant to the case. After the speeches, the participants in pleadings may rebut; each is entitled to one rebuttal, with the right to the last rebuttal belonging to the defense attorney or, in his absence, the prisoner at the bar.

In a civil proceeding, the plaintiff, defendant, their representatives, and third parties speak. The procurator takes part in the pleadings in a civil case only if he himself initiated the case; in other situations he presents a conclusion after the pleadings.

References in periodicals archive ?
Allen Peter Jellings, 51, of Pontypridd Road, Barry, was fined PS60 and given three penalty points after pleading guilty to driving through a red light.
Owen Lee Richmond, 21, of Heol Leubren, was fined pounds 215 and given six penalty points on his licence after pleading guilty to driving without insurance.
As the investigation proceeded, as can be seen by the differences between our original pleadings and the recent amended pleading, many layers of clear corruption started to appear.
John Michael Allan, 41, of Imperial Court, Abercynon, was fined pounds 95 and given three penalty points after pleading guilty to speeding.
She was also ordered to pay a victim surcharge of pounds 15* Michael John Thistlewood, 22, of Llanmaes Road, Llantwit Major, was fined pounds 95 after pleading guilty to damaging a front door worth pounds 100.
Paul Alexander Morgan, 40, of Ael y Bryn, North Cornelly, was given a 12-month community order after pleading guilty to failing to provide a sample for a Class A drugs test.
Allen Eldredge, 56, of Chatsworth faces 90 years in prison after pleading guilty Wednesday to 29 counts of rape and one count of conspiracy, officials said.
said today that it has reviewed the court pleading filed by Fleet National Bank objecting to the company's motion for an extension of the periods during which Big V has the exclusive right to file a plan of reorganization and solicit acceptances of such a plan.
THE following cases were heard at Cardiff Magistrates' Court: Phillip John Brady, 42, of Drawlings Close, St Mellons, Cardiff, was given a conditional discharge of 12 months after pleading guilty to possessing cannabis and amphetamines.
The defendant is pleading guilty to something less than what the people allege, and I simply cannot agree to that,'' Deputy District Attorney Lela Henke-Dobroth said in court.
Carl Norman Burrows, 45, of Cathedral Road, Cardiff, was given a four-month prison sentence after pleading guilty to possessing crack cocaine and heroin and failing to comply with a community order.
In his request, Marcus Christian Lellan, now 20, said he was coerced by his attorney into pleading guilty to four counts of vehicular manslaughter and did not understand he could be sent to prison.