Doctrines and terms for how a civil case is started and shaped on paper: writs, forms of action and pleadings, the demurrer and the answer, joinder and crossclaims, and the names and roles of the parties from petitioner and respondent to fictitious defendants and next friends. A doctrine belongs here when its cited article describes a step, document or party role in civil pleading. It excludes rules about proof, which sit in the evidence group, and preclusion rules, which sit in their own group.
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Pleading, Parties and Process Doctrines
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Abatement in pleading (Wikipedia)
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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.
Absolute defence (Wikipedia)
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In law, an absolute defence (or defense) is a factual circumstance or argument that, if proven, will end the litigation in favor of the defendant.
Answer (law) (Wikipedia)
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In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant.
Crossclaim (Wikipedia)
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A crossclaim is a claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim according to Black's Law Dictionary.
Demurrer (Wikipedia)
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A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party.
Form of action (Wikipedia)
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The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law.
John Doe (Wikipedia)
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John Doe (male), Jane Doe (female), or J.
Joinder (Wikipedia)
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In law, a joinder is the joining of two or more legal issues together.
Latitat (Wikipedia)
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A latitat is a legal device, namely a writ, that is "based upon the presumption that the person summoned was hiding" (see Blackstone.) The word "latitat" is Latin for "he lurks".
McKenzie Friend (Wikipedia)
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A McKenzie friend assists a litigant in person in a court of law in Australia, Canada, England and Wales, Scotland, Hong Kong, Northern Ireland, the Republic of Ireland, and New Zealand, by prompting, taking notes, and quietly giving advice.
Next friend (Wikipedia)
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In common law, a next friend (Law French prochein ami) is a person who represents another person who is under age, or, because of disability or otherwise, is unable to maintain a suit on their own behalf and who does not have a legal guardian.
Petitioner (Wikipedia)
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A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.
Pleading (England and Wales) (Wikipedia)
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Pleading in England and Wales is covered by the Civil Procedure Rules (CPR).
Writ (Wikipedia)
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In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court.
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