PLEADING

in law, presentation by a litigant in a lawsuit setting forth the facts upon which he claims legal relief or challenges the claims of his opponent. A pleading includes both written and oral claims and counterclaims but not the evidence by which the litigant intends to prove his case. After both the plaintiff and the defendant have made their initial statements, there may be further proceedings, such as a reply, a rejoinder, and even a surrejoinder. It is open to either party to apply to strike out his opponent's pleading, or part thereof, on the grounds that it discloses no cause of action or of defense or on certain other grounds. It is likewise open to either party to apply for further particulars of his opponent's pleading, and the court may order that these be furnished. The rules make provision for the joinder of other parties whose participation is considered necessary by the court (see joinder and impleader). Thus, a defendant under English law may issue a noticecalled a third-party noticecontaining a statement of the nature of the claim made by him against a third party, relevant to the original subject matter of the action or of issues to be determined. A third party has the same rights against the defendant as the latter has against the plaintiff; he may bring in a fourth party, who may bring in a fifth, and so on. Whereas pleadings in common-law countries tend to be formal, those in civil-law countries are very informal. In England, for example, the parties, following stated forms, alternately present written statements until all issues of law and fact in question have been brought out. The aim is to separate the legal issues from the factual ones so that the latter, clearly delineated, can be given to a jury. In civil-law countries, where juries do not exist except in certain criminal cases, it is not necessary to make an early delineation of factual and legal issues. Oral pleadings are stressed; written pleadings are only preparatory to the main hearing in open court, where allegations are clarified and proofs offered.