dilatory plea

Thân thiện

A lawyer files a dilatory plea to challenge the court's jurisdiction.

Definition

1. Noun:
   • A plea that delays legal action without addressing the merits of the case: A "dilatory plea" is a legal defense raised by a defendant that seeks to postpone or dismiss a lawsuit on procedural grounds, without dealing with the substantive facts or legal rights of the claim itself. It often challenges the court's jurisdiction or the plaintiff's capacity to sue.

Usage

• Primary Use: This term is used exclusively in formal legal contexts, specifically in civil procedure. It is a technical term for a type of pleading.
• Function: The purpose of a dilatory plea is to object to the form or timing of the lawsuit rather than to deny the allegations. If successful, it can delay the proceedings or lead to the dismissal of the case on procedural grounds, requiring the plaintiff to correct the defect and refile.

Examples

• Noun:
  • The defendant's attorney filed a dilatory plea challenging the court's personal jurisdiction over his client.
  • A dilatory plea based on the statute of limitations can permanently bar a claim if the filing deadline has passed.

Advanced Usage

• "Raise a dilatory plea": To formally present this type of procedural objection to the court.
  • Counsel decided to raise a dilatory plea before addressing the factual allegations.
• "Overrule a dilatory plea": When a judge rejects the procedural objection, allowing the case on the merits to proceed.
  • The judge overruled the dilatory plea, finding that the court did have proper jurisdiction.

Variants and Related Words

• Plea in abatement (n): A specific type of dilatory plea that objects to a defect in the form of the lawsuit (e.g., misnomer of a party, improper venue) which can potentially be corrected.
• Peremptory plea (n): Contrasts with a dilatory plea. A plea that goes to the substance or merits of the case (e.g., a plea of "not guilty" in a criminal trial, or a defense on the facts in a civil case), seeking a final judgment.

Synonyms

• Procedural defense: A defense based on rules of procedure rather than the facts of the case.
• Threshold objection: An objection raised at the outset concerning the legal sufficiency of the proceedings.

Related Phrases

• Plead dilatory matters: To include procedural objections in one's formal answer or pleading.
  • The answer must plead dilatory matters specifically, or they may be waived.

Related Idioms

Học thuật

Noun

1. a plea that delays the action without settling the cause of action; it can challenge the jurisdiction or claim disability of the defendant etc. (such defenses are usually raised in the defendant's answer)