pleading

(redirected from Amended pleading)
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plead·ing

 (plē′dĭng)
n.
1. A plea; an entreaty.
2. Law A formal statement, usually written, setting forth the cause of action or the defense of a party to a lawsuit.

pleading

(ˈpliːdɪŋ)
n
1. (Law) the act of presenting a case in court, as by a lawyer on behalf of his client
2. (Law) the art or science of preparing the formal written statements of the parties to a legal action. See also pleadings

plead•ing

(ˈpli dɪŋ)

n.
1. the act of a person who pleads.
2.
a. a formal, usu. written statement setting forth the cause of action or defense of a case.
b. the skill or practice of setting forth pleas in legal causes.
c. the advocating of a cause in a court of law.
[1250–1300]
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.pleading - (law) a statement in legal and logical form stating something on behalf of a party to a legal proceedingpleading - (law) a statement in legal and logical form stating something on behalf of a party to a legal proceeding
bill of Particulars - the particular events to be dealt with in a criminal trial; advises the defendant and the court of the facts the defendant will be required to meet
affirmative pleading - any defensive pleading that affirms facts rather than merely denying the facts alleged by the plaintiff
alternative pleading, pleading in the alternative - a pleading that alleges facts so separate that it is difficult to determine which facts the person intends to rely on
answer - the principal pleading by the defendant in response to plaintiff's complaint; in criminal law it consists of the defendant's plea of `guilty' or `not guilty' (or nolo contendere); in civil law it must contain denials of all allegations in the plaintiff's complaint that the defendant hopes to controvert and it can contain affirmative defenses or counterclaims
charge, complaint - (criminal law) a pleading describing some wrong or offense; "he was arrested on a charge of larceny"
complaint - (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
defective pleading - any pleading that fails to conform in form or substance to minimum standards of accuracy or sufficiency
demurrer - (law) any pleading that attacks the legal sufficiency of the opponent's pleadings
rebuttal, rebutter - (law) a pleading by the defendant in reply to a plaintiff's surrejoinder
replication - (law) a pleading made by a plaintiff in reply to the defendant's plea or answer
rejoinder - (law) a pleading made by a defendant in response to the plaintiff's replication
special pleading - (law) a pleading that alleges new facts in avoidance of the opposing allegations
surrebuttal, surrebutter - (law) a pleading by the plaintiff in reply to the defendant's rebutter
surrejoinder - (law) a pleading by the plaintiff in reply to the defendant's rejoinder
statement - a message that is stated or declared; a communication (oral or written) setting forth particulars or facts etc; "according to his statement he was in London on that day"
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
Adj.1.pleading - beggingpleading - begging        
Translations

pleading

[ˈpliːdɪŋ]
A. N (= entreaties) → súplicas fpl (Jur) → alegatos mpl
special pleadingargumentos mpl especiosos
B. ADJ [tone etc] → suplicante, de súplica

pleading

[ˈpliːdɪŋ]
adj [expression, eyes, voice] → implorant(e)
n (= entreaty) → imploration f

pleading

nBitten nt; (Jur) → Plädoyer nt
adj look, voiceflehend

pleading

[ˈpliːdɪŋ]
1. n (entreaties) → suppliche fpl
2. adjsupplichevole
References in periodicals archive ?
But when he delved into the language of the rule he found that it provides no guidance on how amended pleadings are to be treated and fails to address how to proceed in cases like the present one, where an amended pleading is filed only as a housekeeping matter to weed settled claims out of a case.
Rule 15(a)(3) says that "any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.
6) The question of entitlement to jury trial arises in some cases where no right to jury trial had previously existed but an amended pleading injects new claims to which a party is entitled to a jury trial based on newly discovered facts in the case.
Accordingly, while the court observed that it had given several examples of deficiencies both in the judgment as well as in amended pleading, it concluded that its decision in no way could be construed as an exhaustive list of all possible deficiences.
Barring attorney incompetence, the answer must be that the plaintiffs did not believe that such an amended pleading would have succeeded.
If the initial complaint does not give rise to federal jurisdiction, the case may still be removed if an amended pleading or other subsequent filing provides grounds for removal, provided the defendant files a removal notice within 30 days after being served with the subsequent filing (6) For example, if a plaintiff sues a defendant for common law fraud in state court, but in a later amended complaint adds a claim under federal securities law, the defendant may remove the case to federal court.
Then the panel protected Exergen from SAAT's inequitable conduct claims, imposing tough pleading standards for inequitable conduct claims and finding that SAAT's amended pleading failed to meet these standards.
The privilege of serving an amended pleading must now rest not only upon formal corrections in the deficient pleading, but also upon an evidentiary demonstration to satisfy a Court that the party 'has good ground to support his cause of action.
52) The First Circuit, therefore, logically decided to give the amended pleading effect because a jurisdictional inquiry did not occur before ConnectU filed the amended complaint.
The court, after reviewing the legislative history involved, concluded that claims for exemplary damages based on elder abuse were not subject the requirements in question However, the court noted that the law specifically provides: "No claim for punitive or exemplary damages against a religious corporation or religious corporation sole {sic} shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive or exemplary damages to be filed.
Given that the plaintiffs were likely correct in their belief that an amended pleading would not have succeeded, Twombly seems to have created a more stringent pleading standard.
The Illinois test is similar to Rule 15(c); Illinois courts allow the filing of an amended pleading to relate back to the original pleading if the original pleading was timely filed and if the cause of action asserted in the amended pleading grew out of the same transaction or occurrence as was being set up in the original pleading.