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

joinder of issue:
[ish • ew]
(18c)

1. An issue of fact appropriate to be decided by the court because it has been clearly stated by the parties, each with opposite contentions. See at issue; issue.  [1]

1. The submission of an issue jointly for decision.

2. The acceptance or adoption of a disputed point as the basis of argument in a controversy. — aka joinder in issue; similiter.

3. The taking up of the opposite side of a case, or of the contrary view on a question.

similiter:
[Latin ‘similarly’]

1. Common-law pleading. A party’s written acceptance of an opponent’s issue or argument; a set form of words by which a party accepts or joins in an issue of fact tendered by the other side.  See joinder of issue. [2]

References:

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[1]: 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.

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

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