replication:
1. A plaintiff’s or complainant’s reply to a defendant’s plea or answer; REPLY. [1]
1. In common law pleading, the plaintiff’s reply to the defendant’s plea. [2]
Excerpt from Joseph Chitty’s A Treatise on the Parties to Actions, the Forms of Actions, & on Pleading:
“As the replication is in general governed by the plea, & most frequently denies it, the pleader has not often much difficulty in deciding what replication he should adopt. When the plea properly concludes to the country, the plaintiff cannot in general reply otherwise than by adding what is termed the similiter; but when the plea concludes with a verification, & the plaintiff does not demur, the replication may either, first, conclude the defendant by matter of estoppel; or, secondly, may traverse or deny the truth of the matter alleged in the plea either in whole or in part; or, thirdly, may confess & avoid the plea; in which case… the truth of the matter alleged in the plea must be admitted; or fourthly, in the case of an evasive plea, may new assign the cause of action, And though at common law a replication cannot be double, or contain two or more answers to the same plea, & the Statute does not extend answers to the same plea, & the Statute does not extend to replications, (except in the instance of a plea in bar to an avowry in replevin, which is the nature of a replication) yet the plaintiff in many cases has an election of difference replications.” [3]
general replication – (17c) Equity pleading. A replication consisting of a general denial of the defendants plea or answer and an assertion of the truth and sufficiency of the bill.
replication de injurla – (17c) Common law pleading. A traverse occurring only in the replication whereby the plaintiff is permitted to traverse t e whole substance of a plea conSisting merely of legal excuse, when the matter does not involve a title or interest in land, authority of law, authority of fact derived from the opposing party, or any matter of record. — aka replication de injuria sua propria, absque tali causa.
replication per fraudem – (18c) Common-law pleading, A replication asserting that the discharge pleaded by the defendant was obtained by fraud.
special replication – (17c) Equity pleading. A replication that puts in issue a new fact to counter a new matter raised in the defendant’s plea or answer.
reply:
n. (18c)
1. Civil procedure. In federal practice, the plaintiff’s response to the defendant’s counterclaim (or, by court order, to the defendant’s or a third party’s answer). Fed. R. Civ. P. 7(a).
2. Common-law pleading. The plaintiff’s response to the defendant’s plea or answer. * The reply is the plaintiff’ 8 second pleading, and it is followed by the defendant’s rejoinder. — aka (in sense 2) replication. — reply, vb. [1]
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
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