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Simple English definitions for legal terms
motion for a repleader
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A quick definition of motion for a repleader:
A motion for a repleader is a request made by a party who lost a case, asking the court to start the case over again because the issue that was argued was not important. This type of motion is only granted if the issue that was argued was not relevant to the case. The court will not grant a repleader to the party who brought up the unimportant issue.
A more thorough explanation:
Definition: A motion for a repleader is a post-trial motion in common-law pleading. It is filed by an unsuccessful party who wants to start the pleadings anew because the issue was joined on an immaterial point. However, the court never awards a repleader to the party who tendered the immaterial issue.
Example: Let's say that John sues Jane for breach of contract. During the trial, John argues that Jane breached the contract by failing to deliver the goods on time. However, Jane argues that John breached the contract first by failing to pay the agreed-upon price. The court finds that John did breach the contract first, but this issue was immaterial to the case. Therefore, John files a motion for a repleader, asking the court to start the pleadings anew without considering the immaterial issue.
Explanation: In this example, John files a motion for a repleader because the issue of who breached the contract first was immaterial to the case. The court never awards a repleader to the party who tendered the immaterial issue, so John's motion may not be granted. However, if the court finds that the immaterial issue affected the outcome of the case, it may grant the motion for a repleader.