CIRCUITY OF ACTION

circuity of action.A procedure allowing duplicative lawsuits, leading to unnecessarily lengthy and indirect liti-gation, as when a defendant fails to bring a counterclaim, but later brings a separate action to recover what could have been awarded in the original lawsuit. • Civil-procedure rules have eliminated many problems associated with circuity of action. [Cases: Equity  52. C.J.S. Equity § 42.] “Circuity of action is, when an action is rightfully brought for a duty, but yet about the bush, as it were, for that it might as well have been otherwise answered and determined, and the suit saved: and because the same action was more than needful, it is called circuity of action.” Termes de la Ley 87 (1st Am. ed. 1812). [Blacks Law 8th]