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Abatement in pleading

Civil Procedure and Judicial Process Doctrine

An abatement in pleading, also called a plea in abatement, was a defence in common law to legal proceedings. It did not contest the principle of the plaintiff's right to relief. Instead it contended that the plaintiff had made a procedural error, such as one concerning place, time or method of assertion, and needed to bring fresh proceedings that followed the correct procedure. A successful plea merely paused proceedings until the problem was remedied. There were two fundamental styles: abatement in proceedings, which suspended the case until the error was fixed, and abatement in law, which terminated it completely although it could be restarted at the plaintiff's request. 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, and it has been abolished in most if not all common law jurisdictions.

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Doctrine Category
Procedural Law 1
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Source Abatement in pleading (Wikipedia)
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1. Wikipedia: Abatement in pleading
a defence in common law to legal proceedings that did not contest the plaintiff's right to relief but contended that the plaintiff had made a procedural errorView the Source
Abatement in pleading (Wikipedia)
  • Lead section
    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.
  • In Legal System: Common Law, Wikipedia lead sentence
    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 righ
  • In Group: Pleading, Parties and Process Doctrines, Introduction, sentence 1
    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.
View the Source
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