surrebutter
/,sʌri'bʌtə/ Cách viết khác : (surrejoinder) /,sʌri'dʤɔində/
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Definition
Noun: 1. (Law) A pleading by the plaintiff in reply to the defendant's rebutter: In common law legal procedure, a "surrebutter" is the third pleading by the plaintiff, specifically responding to the defendant's "rebutter." It is part of a formal, sequential exchange of written arguments.
Usage
- Legal Context: The term is used almost exclusively in historical or formal descriptions of common law pleading. It denotes a specific stage in the back-and-forth written submissions between parties in a lawsuit.
- Structure: The sequence is: plaintiff's declaration -> defendant's plea -> plaintiff's replication -> defendant's rejoinder -> plaintiff's surrebutter -> defendant's surrejoinder.
Examples
- Noun:
- The plaintiff's attorney filed a surrebutter to address the new evidence presented in the defendant's rebutter.
- In the old pleading system, a surrebutter was a necessary step to narrow the issues for trial.
Advanced Usage
- "To file a surrebutter": The standard verb collocation used when submitting this pleading to the court.
- The court granted leave to file a surrebutter.
Variants and Related Words
- Surrebuttal (n): A modern, less common variant with the same meaning.
- Rebutter (n): The defendant's pleading to which a surrebutter replies.
- Replication (n): The plaintiff's first reply to the defendant's plea.
- Rejoinder (n): The defendant's reply to the plaintiff's replication.
- Surrejoinder (n): The defendant's pleading in reply to a surrebutter.
Synonyms
- Reply pleading (general term)
- Plaintiff's rebuttal (descriptive term)
Notes on Meaning
- Primary Meaning: Its sole standard meaning is within the specific, technical context of common law pleading.
- Figurative Use: It is exceptionally rare to find this word used outside of its strict legal definition. It is not used in general conversation or writing.
Noun
- (law) a pleading by the plaintiff in reply to the defendant's rebutter