An abatement in pleading, or plea in abatement, was a defence in common law to legal proceedings that did not contest the principle of the plaintiff's right to relief but contended that the plaintiff had made a procedural error and needed to bring fresh proceedings, which followed the correct procedure.[1][2] The objection could deal with (among others) place, time, or method of assertion. The plea in abatement was abolished as a particular form of response by the defendant when common-law pleading was replaced by Code Pleading and later by pleading rules, such as the federal Rules of Civil Procedure.[3][4]
Successful assertion of pleas in abatement merely paused proceedings until the problem was remedied.[4] There were two fundamental styles of abatement. The first was abatement in proceedings, which would merely suspend the proceeding until the error was fixed. Abatement in law would terminate it completely although it could be restarted at the plaintiff's request. The second term is more common.[3] It has now been abolished, in most if not all, common law jurisdictions.[5]
Referencesedit
^Garner, Bryan A.; Schultz, David W.; Cooper, Lance A.; Powell, Elizabeth C., eds. (1999) [1891]. "plea in abatement". Black's Law Dictionary (7th ed.). St. Paul, MN: West Group. ISBN0-314-22864-0.
abatement, pleading, abatement, pleading, plea, abatement, defence, common, legal, proceedings, that, contest, principle, plaintiff, right, relief, contended, that, plaintiff, made, procedural, error, needed, bring, fresh, proceedings, which, followed, correct. An abatement in pleading or plea in abatement was a defence in common law to legal proceedings that did not contest the principle of the plaintiff s right to relief but contended that the plaintiff had made a procedural error and needed to bring fresh proceedings which followed the correct procedure 1 2 The objection could deal with among others place time or method of assertion The plea in abatement was abolished as a particular form of response by the defendant when common law pleading was replaced by Code Pleading and later by pleading rules such as the federal Rules of Civil Procedure 3 4 Successful assertion of pleas in abatement merely paused proceedings until the problem was remedied 4 There were two fundamental styles of abatement The first was abatement in proceedings which would merely suspend the proceeding until the error was fixed Abatement in law would terminate it completely although it could be restarted at the plaintiff s request The second term is more common 3 It has now been abolished in most if not all common law jurisdictions 5 References edit Garner Bryan A Schultz David W Cooper Lance A Powell Elizabeth C eds 1999 1891 plea in abatement Black s Law Dictionary 7th ed St Paul MN West Group ISBN 0 314 22864 0 Hoiberg Dale H ed 1993 abatement Encyclopaedia Britannica Vol 1 A ak Bayes 15th ed Chicago IL Encyclopaedia Britannica Inc ISBN 0 85229 961 3 LCCN 2002113989 a b Hoiberg 1993 pp 7 8 a b Garner et al 1999 p 1172 Lehman Jeffrey Phelps Shirelle 2005 West s Encyclopedia of American Law Vol 1 2 ed Detroit Thomson Gale p 2 ISBN 9780787663742 nbsp This legal term article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Abatement in pleading amp oldid 1160887251, wikipedia, wiki, book, books, library,
