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.
AND SUBSIDIARIES FILE AMENDED PLEADINGS IN MULTI-MILLION DOLLAR FRAUD LAWSUIT AGAINST FORMER MANAGEMENT; SCOPE AND DAMAGES INCREASE DRAMATICALLY
Rachel Sarah Jones, 39, of Marloes Close, Barry, was fined pounds 60 and given three penalty points after pleading guilty to speeding.
Cooper was fined a further pounds 100 after pleading guilty to not stopping at an accident and pounds 100 after pleading guilty to having no insurance.
In its pleading, Fleet discloses that two parties have expressed an interest in purchasing Big V's business.
But Ventura Superior Court Judge Edward Brodie said that was unacceptable because Sanchez would be pleading guilty to a crime without knowing the sentence he would receive.
However, in his request to have his conviction overturned, Lellan said Blatt did not tell him he would be sent to prison at all, or that he could be deported to his native Denmark by pleading guilty to the charges.
Michael Christopher Bourge, 30, of Beauchamp Street, Riverside, Cardiff, was given a 12 month community order after pleading guilty to failing to surrender to custody at Cardiff magistrates court.
Durden's cooperation marks a major breakthrough in the biggest scandal in modern Los Angeles Police Department history, with two other officers - Manuel Chavez and Shawn Frederick Gomez - pleading no contest to Rampart-related charges earlier this week and agreeing to testify in other Rampart cases.
Craig Burgess, 31, of Meadowlark Close, St Mellons, Cardiff, served a day in detention in lieu of a pounds 75 fine with pounds 50 costs and a pounds 15 victim surcharge after pleading guilty to using threatening behaviour.
LOS ANGELES - A 19-year-old Palmdale man faces 25 years to life in prison after pleading no contest to first-degree murder for the stabbing of a man during a fight over a Nintendo 64 video game system.