Historical Pleadings that were replaced by Federal Rules of Procedure:

     Rule 7 within the Federal Rules of Civil Procedure and Rule 12 within the Federal Rules of Criminal Procedure each limit and specify the number and types of pleadings allowed in federal courts.  To learn more, see

Types of Civil Pleadings

Types of Criminal Pleadings

     However, there are several types of pleadings that were once in effect which have for the most part been merged into the federal rules for the sake of simplification and to eradicate access to types of pleadings which enabled injustice to occur by the hands of government officials.  Common Law Pleading & Practice by Sabin D. Puterbaugh mentions several, which are each listed and defined below alongside several other outdated types of pleadings:

    “The [common-law] pleadings in a cause are commenced, on the part of the plaintiff, with the declaration, which is a statement in writing of his cause of action, in legal form.  This declaration, as every other pleading in the cause, is required to be framed agreeable to the established rules & forms of pleading, & if defective in any particular either in substance or form, may be objected to, as insufficient in law, by demurrer, on the part of defendant; or he may allege some matter in abatement of the action, or he may deny the declaration to be true in point of fact, or may set up matter in avoidance of it — such answer on the part of the defendant being technically denominated his plea.

     To the defense thus made, the plaintiff may again, in his turn, reply, either, in case of a demurrer, by reasserting his declaration to be sufficient in law to support this action, & referring that question to the judgment of the court, which is termed a joinder in demurrer; or, in the case of a special plea, he may on his part demur to such plea, as insufficient in law to constitute a defense; or he may deny it to be true in point of fact, or allege some new matter in avoidance of it, according to the circumstances — such answer being styled a replication.

     To the replication the defendant may either demur upon the law, or oppose a rejoinder as to the fact; & to the rejoinder the plaintiff may demur, or oppose a surrejoinder; & so the parties may proceed, by a system of alternate allegation & objection, denial or evasion, technically termed the pleadings, until they arrive at an issue, that is, some specific point of law, or fact, affirmed on one side & denied on the other, & presenting the exact question for the court or jury to determine. [3]

Counter-Complaint – a complaint filed by a defendant against the plaintiff, alleging that the plaintiff has committed a breach and is liable to the defendant for damages.

  • The historical counter-complaint appears to have been banned from the Federal Rules of Civil Procedure (see Rule 7), and replaced with the equally-effective and more cost-effective counterclaim. See Fed. R. Civ. P. 13.

To be Added:

Replication – a plaintiff’s or complainant’s reply to a defendant’s answer or plea.

Joinder – uniting, into a single complaint, two or more elements of a lawsuit (i.e. joinder of claims; joinder of parties; joinder of issue), each of which could have been the basis for a separate suit.

Joinder of Issue – a party’s written acceptance or adoption of an opponent’s issue, argument, or formerly disputed point as the basis of argument in a controversy, submitted jointly for decision. — formerly called similiter.

Demurrer – a former type of pleading that has been replaced by the Motion to Dismiss or via pointing out a substantive defect within the defendant’s answer.

Definition of TRAVERSE:

“n. Common-law pleading. A formal denial of a factual allegation made in the opposing party’s pleading <Smith filed a traverse to Allen’s complaint, asserting that he did not knowingly provide false information>. See DENIAL. — traverse, vb.”

     The following excerpt from Joseph Chitty’s A Practical Treatise on the Criminal provides historic & legal insight into Traverse:

     “It is said that the technical term traverse, from transverto, to turn over, is applied to an issue taken upon an indictment for a misdemeanor, & means nothing more than turning over or putting off the trial to a following session or assize; & that thus it is that the officer of the court asks the party whether he is ready to try then, or will traverse to the next session; though some have referred its meaning originally to the denying or taking issue upon an indictment, without reference to the delay of trial, & which seems more correct.” [5]

    The following excerpt from Franklin Fiske Heard’s The Principles of Pleading in Civil Actions provides historic & legal insight into Traverse:

     “Of traverses there are various kinds. The most ordinary kind is that which may be called a common traverse. This consists of a tender of issue; that is, of a denial, accompanied by a formal offer of the point denied, for decision; & the denial that it makes is by way of express contradiction, in terms of the allegation traversed.” [6]

Definition of PLEA IN BAR:

“A plea that seeks to defeat the plaintiff’s plea of not guilty by which the defendant denies every fact & circumstance necessary to be convicted of the crime charged.”

Definition of REJOINDER:

“1. Common-law pleading. The defendant’s answer to the plaintiff’s reply (or replication).  2. Any answer to a reply.  3. A retort; a sharp or rude reply.

     The following excerpt from John Harris’s Lexicon Technicum: Or, an Universal English Dictionary of Arts & Sciences provides historic & legal insight into Rejoinder:

     “An Answer or Exception to a Replication; for first the Defendant puts in an Answer to the Plaintiff’s Bill, which is something called, An Exception, the Plaintiff’s Answer to that is called a Rejoinder, especially in Chancery (“contracts”, generally). Tis by the Civilians called Duplication.” [7]

Definition of SURREJOINDER:

“Common-law pleading. The plaintiff’s answer to the defendant’s rejoinder. surrejoin vb.”

     The following excerpt from the case ruling, 61Am. Jur. 2d Pleading § 193, provides historic & legal insight into Surrejoinder:

     “Where the common-law system of pleading is in force, the pleadings do not terminate with the plaintiff’s replication. The defendant may interpose a rejoinder to the replication, & the plaintiff a surrejoinder to the defendant’s rejoinder. Then follows the rebutter, which in turn may be met by a surrebutter.” [8]

Definition of REBUTTER:

“1. Common-law pleading. The defendant’s answer to a plaintiff’s surrejoinder; the pleading that followed the rejoinder & surrejoinder, & that might be in turn be answered by the surrebutter. 2. Someone who rebuts.

Definition of SURREBUTTER:

“Common law pleadings. The plaintiff’s answer of fact to the defendant’s rebutter.

Definition of ESTOPPEL:

“1. A bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established as true. 2. A bar that prevents the relitigation of issues. 3. An affirmative defense alleging good-faith reliance on a misleading representation & an injury or detrimental change in position resulting from that reliance. Cf. WAIVER (2) — estop, vb.”

[3] Joseph Chitty, A Treatise on the Parties to Actions, the Forms of Actions, & on Pleading 610 (John A. Dunlap & E.D. Ingraham eds., 6th annotated ed. fr. 5th London ed. 1833) ISBN13: 9781240051106

[5] Joseph Chitty, A Practical Treatise on the Criminal Law 486 (2nd Ed. 1826) ISBN 1345836554

[6] Franklin Fiske Heard, The Principles of Pleading in Civil Actions 118 (1880) ISBN 0259775819

[7] John Harris, Lexicon Technicum: Or, an Universal English Dictionary of Arts & Sciences (1704) (s.v. rejoynder) ISBN 1584774185

[8] 61Am. Jur. 2d Pleading § 193, at 192 (1981)

counter-affidavit:

1. An affidavit responding to and contradicting the affidavit produced by an adversary.

ballantines

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1] Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[3] Sabin D. Puterbaugh, Puteraugh’s Common Law Pleading & Practice 36-37 (3rd ed. 1873) ISBN13: 9781240177844

References:

     All short descriptions of legal terms found throughout this page were compiled using

******************************************

Back to Essential Terminology

Intro to U.S. Law

Legal Precepts Adopted (from Europe) into The U.S. Constitution

§ § of Law Embedded into the Constitution Pursuant to the American Revolution

Indian Country Law

Federal Rules of Procedure

Like this website?

Please Support Our Fundraiser

or donate via PayPal:

  • please set some widgets to show from Appearance -> Widgets.

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
Like to offer financial support?
Email [email protected].
We look forward to hearing from you!

Disclaimer and Terms of Service

Last updated: April 17, 2023

     Read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://reunitethestates.org website (the “Service”) operated by Wild Willpower (“us”, “we”, or “our”).

     Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

     By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Service

      This webpage constitutes a grassroots attempt to make the justice system more accessible for the average civilian. Information throughout this page does not constitute legal advice, nor should it be construed a replacement thereof. The information contained on this website is for informational purposes only.  Some information may be incorrect or out of date.  The author assumes no responsibility or liability for any errors or omissions in the content of this site. The information contained in this site is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness. We make no representation or warranty with respect to the information on this site. This webpage is being broadcast for First Amendment purposes, and represents a good-faith attempt to assist fellow civilians in finding justice for when they cannot find help from an attorney or from government agencies.  Our use of all content is being used explicitly for noncommercial purposes, and is protected in accord with Fair Use laws. To help us improve the website, or to point out somewhere it may need fixed or amended, email [email protected].  By continuing to read this website, you are thereby using our Service, within the scope and understanding as defined here.

Changes

     We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  What constitutes a material change will be determined at our sole discretion.

     By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, yet continue to use our Service, you agree that Wild Willpower PAC nor its officers may be held liable for any actions taken or misunderstandings on your part; do not use this website as your sole source of law-related information.

Accounts

     When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

     You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

     You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

     The  Service and its original content, features and functionality (the layout and manner in which information is arranged) are and will remain the exclusive property of Wild Willpower and its licensors, and may be sold or transferred at any time.

Limitation of Liability

     Wild Willpower PAC is committed to providing high-quality products and services to our users. However, we understand that unforeseen circumstances may arise, and we want to ensure that our users are aware of the limitations of our liability.

    In no event shall Wild Willpower PAC or its affiliates, directors, officers, employees, agents, or suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of our products or services, including but not limited to damages for loss of profits, use, data, or other intangible losses.

     Our liability is limited to the extent permitted by law, and in no event shall it exceed the amount paid by the user for the product or service in question. This limitation of liability applies regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

    By using our products or services, you acknowledge and agree to this limitation of liability. If you do not agree with this limitation, your only remedy is to discontinue the use of our products and services.

Limitation of Damages

    Wild Willpower PAC values its users and strives to provide the best possible products and services. However, in the event of unforeseen circumstances, we want to make sure our users are aware of the limitations of our liability.

    In no event shall Wild Willpower PAC or its affiliates, directors, officers, employees, agents, or suppliers be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in any way connected with the use of our products or services, even if we have been advised of the possibility of such damages.

     Our liability is limited to the extent permitted by law and shall not exceed the total amount paid by the users for the product or service in question. This limitation of damages applies whether the claim is based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory.

    In no event shall Wild Willpower PAC be liable for any damages arising from the use of third-party products or services, including but not limited to those provided by our partners or affiliates.

    By using our products or services, you acknowledge and agree to this limitation of damages. If you do not agree with this limitation, your only remedy is to discontinue the use of our products and services.

    This limitation of damages statement is intended to be enforceable to the fullest extent permitted by applicable law, and if any portion of this limitation is deemed invalid or unenforceable, the remainder of the limitation shall remain in full force and effect.

Forum

     This agreement shall be governed by and construed in accordance with the laws of the State of Iowa and the United States of America. Any legal action or proceeding arising out of or related to this agreement shall be brought exclusively in federal or state courts located in Iowa, and each party irrevocably consents to the jurisdiction of such courts for the purpose of any such action or proceeding.

Links To Other Web Sites

     Our Service may contain links to third-party web sites or services that are not owned or controlled by Wild Willpower.

     Wild Willpower has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Wild Willpower shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

     We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

     We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

     Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

     All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

     Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

     These Terms shall be governed and construed in accordance with the laws of United States and the State of Iowa.

     Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Severability

   If any portion of this Disclaimer and/or Terms of Use are deemed unenforceable, that shall not affect any other part of this Agreement. The unenforceable or illegal portion will be deemed deleted, and the Terms remaining shall remain valid and enforceable.

Contact Us

    If you have any questions about these Terms, please contact us: [email protected].