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 ?
| Joel Reading, 21, of Rockingham Close, Warrington, was sentenced to five years and seven months after pleading guilty to conspiracy to supply cocaine.
Gavin Deluen, 23, of Cullercoats, North Tyneside, has been jailed for 10 years after pleading guilty to inflicting grievous bodily harm with intent.
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.
Rachel Sarah Jones, 39, of Marloes Close, Barry, was fined pounds 60 and given three penalty points after pleading guilty to speeding.
Anthony O'Neill, 40, of Trowbridge Green, Rumney, was fined pounds 150 after pleading guilty to being drunk and disorderly.
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.
Michael James Aherne, 42, of Coed Y Gores, Llanedeyrn, Cardiff, was fined pounds 300 after pleading guilty to driving without third party insurance.
- Keith Large, 30, of Westonbirt Close, St Mellons, Cardiff, was jailed for four months and banned from driving for three years after pleading guilty to drink-driving in the capital's Willowbrook Drive on August 20.
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.
The following cases were heard at Cardiff Magistrates' Court: - Rebecca Shoida, 23, of Caldy Road, Cardiff, received a three-month jail sentence, suspended for two years, after pleading guilty to committing a racially aggravated assault on June 20 last year.
- Emad Afandi, 29, of Robert Street, Ynysybwl, was fined pounds 75 and given three points after pleading guilty to driving without a licence.