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 ?
exchanges of statements of case, party statements, etc.
The Council of Ministers on July 15 approved changes to the Court's statute and rules of procedure, which will enable non-EU countries to submit statements of case or written observations.
After any additional exchange of statements of case, the parties are summoned to a hearing to be heard, produce evidence and argue their case.