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Simple English definitions for legal terms
special replication
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A quick definition of special replication:
A special replication is a type of legal response that a plaintiff or complainant makes to a defendant's plea or answer. It is used to counter a new fact raised by the defendant's plea or answer. In other words, it puts in issue a new matter that was not previously addressed. This is different from a general replication, which is a denial of the defendant's plea or answer without addressing any new matters. Another type of replication is anticipatory replication, which is used in equity pleading to deny defensive matters that the defendant might assert.
A more thorough explanation:
Definition: Special replication is a type of legal response that counters a new matter raised in the defendant's plea or answer. It puts in issue a new fact that was not previously addressed.
Example: In a court case, the defendant may raise a new defense that was not previously mentioned in their initial response. The plaintiff can then file a special replication to address this new defense and provide evidence to counter it.
Explanation: A special replication is used when a defendant raises a new matter that was not previously addressed in the case. It allows the plaintiff to respond to this new matter and provide additional evidence to support their case. This type of replication is important in ensuring that all relevant facts are considered in the case and that both parties have a fair opportunity to present their arguments.