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 ?
The remedies of "[d]efault and summary judgment on the merits may be entered in the discretion of the court or the court may permit additional pleadings to be filed for good cause shown.
Generally, the striking of pleadings is not favored and all doubts are to be resolved in favor of the attacked pleadings.
36) After the 20-day response period expires, a party may only move to strike legally insufficient defenses by a motion for judgment on the pleadings or at trial.
Some of the cases retrieved were cases involving Rule 12(c) motions for judgments on the pleadings.
10 (choosing to exclude pro se and prisoner cases because they are "governed by standards other than Twombly and Iqbal")', Hannon, supra note 15, at 1828-29 (analyzing 12(b)(6) motions to examine if federal district courts require more from pleadings after Twombly because (1) "the 12(b)(6) motion is used to test the legal sufficiency of a claim"; (2) Twombly affirmed a grant of a 12(b)(6) motion to make "its most sweeping pronouncements regarding Rule 8" and introduce plausibility pleading; and (3) 12(b)(6) motions are easy to analyze empirically because they can only "be granted, denied, or granted-in-part/denied-in-part").
This struggle is due, in part, to the fact that neither Twombly nor Iqbal expressly overruled the Court's pre-Twombly pleading jurisprudence.
it is a fair inference from the pleadings that prison
Our attitude towards pleading formalities will be largely
The declining courts typically base their decision not to extend Twombly's plausibility standard to affirmative defense pleadings on the text of Rule 8 and the language of Twombly itself.
83) The plausibility courts assert that "[u]nless it would prejudice the opposing party, courts freely grant leave to amend stricken pleadings.
In this paper we will argue that pleadings have failed, and will continue to fail, to facilitate early issue definition in civil proceedings.
We will focus in particular on the origin of pleadings as an oral exchange between the parties' lawyers and the court for the purpose of achieving issue identification.