Anglo-French, from the duplicate to make the duplicate, literally to join, meet, from the old Frenchman, from the recovery + join the only claim, a request for response has set certain restrictions on the format of a rejoinder. To be acceptable to the court, a rejoinder had to be a single, direct and triple issue. The subject matter had to be positive and not argumentative, repugnant or insensitive. Finally, the rejoinder cannot depart from the facts and statements put forward in the defendant`s plea. @ElizaBennett – I`ve seen it used as a synonym for “reaction.” Usually, you will see the phrase “spiritual replica.” Like the thing you would always like to be able to say when something obnoxious, offensive, etc. Said! Once both parties have submitted their rejoinder, is there a time limit for how many days the decision will be made? A rejoinder is a defendant`s response to a plaintiff`s request in a series of common law pleadings. The term is a historical relic of English common law and a time when a lawsuit was brought under an order approved by the presiding monarch or other authority, and the format for transmitting information to the court was particularly stylized. Common law pleadings have been replaced by coded pleadings in most jurisdictions. REJOINDER, oral arguments.

Name of the defendant`s response to the plaintiff`s replication. (2) The general terms and conditions of a rejoinder are, 1. It must be Tribel. 2. It shall not duplicate or permit multiple duplicates of the same declaration. 3. It has to be safe. 4.

It must be immediate and positive and must not be based solely on the recital or in the argument. 5. It is neither repugnant nor insensitive. 6. It shall comply with the means of law and shall not depart from it. Co. Litt. 304; 6 Com. Digging. 185 Archbishop Civ.

Pl. 278; U. S. Dig, Plea, XIII. This system of common law pleadings has been largely replaced by coded pleadings in most jurisdictions with legal systems based on the English tradition. Coded pleadings are generally simplified versions of common law pleadings and can be easily recognized as derivative. In the United States, for example, the federal judicial system has adopted the Federal Rules of Civil Procedure, which impose all briefs for civil proceedings at the federal level. The rejoinder allows a defendant to make a more receptive and accurate statement disputing the allegations made by the plaintiff against him. According to the common law, a rejoinder was a kind of counterclaim. However, it merely asked a question in direct reaction to the applicant`s statement of facts in his application. Meanwhile, the courts were only allowed to hear one trial and one defense theory in the same case. This is in contrast to today`s courts, which prefer to consider several pleas on the same facts at the same time and also allow the defendant to present several sometimes contradictory defences.

Pleadings are a series of written documents submitted to the court as part of a trial to set out each party`s claims, defenses, and legal theories. A written pleading system moves from a plaintiff`s request to a defendant`s response and counterattacks with additional documents until the chain of available responses is exhausted. At common law, a rejoinder was the precise name of a plaintiff`s response to replication, which was a response to a defendant`s objection. The common law pleading system moved from the plaintiff`s statement of claim to the defendant`s plea in response, then back and forth through replication, rejoinder, rejoinder, and finally the plaintiff`s rebuttal. Middle English counter-duplicate, from anglo-French duplicate, from duplic, verb I feel like I met it in novels, but not as a legal term. Does this mean anything else? Can counter-reactions also be other types of “responses”? If the address matches an existing account, you will receive an email with instructions on how to reset your password. There are many reasons why a cookie could not be set correctly. Here are the most common reasons: Enter your email address below and we will send you the reset instructions This website uses cookies to improve performance by reminding you that you are logged in when you move from one page to another. To allow access without cookies, the website would have to create a new session for each page you visit, which slows down the system to an unacceptable level… This site uses cookies to improve performance. If your browser does not accept cookies, you will not be able to visit this website.

This website does not store anything more than an automatically generated session ID in the cookie; No other information is collected. In general, only the information you provide or the choices you make when you visit a website can be stored in a cookie. For example, the website can only determine your email name if you enter it. If you allow a website to create a cookie, that website or any other website will not have access to the rest of your computer, and only the website that created the cookie will be able to read it. A respondent`s response to the second phase of the common law plea that refutes or challenges the allegations made in the plaintiff`s replication. The audiovisual material available on this website has been copied and communicated to you under a Screenrights license pursuant to section 113P of the Copyright Act 1968 solely for the educational purposes of your institution. Any other use is not allowed. For more information, please contact Screenrights at [email protected] or