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Simple English definitions for legal terms
specific traverse
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A quick definition of specific traverse:
A specific traverse is a type of legal pleading where a person denies a specific fact or allegation made by the opposing party in a lawsuit. It includes a formal offer to have the point denied decided in court. This is different from a general traverse, which denies all the facts in the opposing party's pleading, and a special traverse, which denies one material fact and provides an explanation or qualification for the denial.
A more thorough explanation:
A specific traverse is a type of legal pleading that involves a formal denial of a factual allegation made by the opposing party's pleading. It is a type of common traverse, which is a denial accompanied by a formal offer for decision of the point denied.
- Smith filed a traverse to Allen's complaint, asserting that he did not knowingly provide false information.
- A defendant in a criminal case may file a traverse to delay the trial to a following session or assize.
The first example illustrates how a specific traverse can be used in a civil case to deny a specific allegation made by the opposing party. The second example shows how a traverse can be used in a criminal case to delay the trial to a later date.