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 court allowed ParkerVision to amend its pleadings to conform to the new rules.
E-filing is the electronic filing of pleadings with the clerk.
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Mealey said the report is designed to help plaintiff and defense counsel track this area of the law with "concise case reports," documents, new filings, opinions and pleadings, and legislative and regulatory activity.
A state prison inmate who had attempted to file a pro se marriage dissolution action and temporary restraining order in state court, brought a [section] 1983 action against a state-court clerk in his individual capacity, alleging that the clerk had violated the inmate's right of access to court by refusing to file his pleadings.
That's the thinking that led to the launch of LexisNexis Mealey's Mealey's Mass Tort Pleadings, with which attorneys can access briefs as they are filed and the complete brief set at the pleadings level in many mass tort cases.
Mealey Publications (King of Prussia, PA), a division of LexisNexis, has begun the publication of Mass Tort Pleadings, a new report that aggregates information on mass tort pleadings from a variety of sources.
On appeal, the Appellate Term noted that modern pleading practice mandate that both the threshold notices and the pleadings in summary proceedings be liberally construed.
July 14 /PRNewswire/ -- An alphabetical listing of all orders and major pleadings in the past year of the Asbestos Products Liability Litigation MDL proceedings in federal court in Philadelphia was published today, marking the first year of the landmark litigation.
We are pleased with the court's prompt approval of USEB's critical first day pleadings," said Asher E.