DENIAL
denial,n.1. A refusal or rejection; esp., a court’s refusal to grant a request presented in a
motion or petition <denial of the motion for summary judgment>.2. A defendant’s response
controverting the facts that a plaintiff has alleged in a complaint; a repudiation <the worker filed a
denial alleging that physical contact never occurred>. Cf. DEMURRER. [Cases: Federal Civil
Procedure 741; Pleading 112. C.J.S. Pleading § 183.]
conjunctive denial.A response that controverts all the material facts alleged in a complaint.
disjunctive denial.A response that controverts the truthfulness of two or more allegations of a
complaint in the alternative.
general denial.A response that puts in issue all the material assertions of a complaint or
petition. — Also termed general plea. [Cases: Federal Civil Procedure 742; Pleading 123.
C.J.S. Pleading § 187.]
qualified general denial.A general denial of all the allegations except the allegations that the
pleader expressly admits.
“The qualified general denial most frequently is used when a limited number of allegations in
the complaint are to be admitted. This form of denial also is employed when defendant cannot
expressly deny an averment in his opponent’s pleading and therefore cannot submit a general
denial, although defendant wants to put plaintiff to his proof on that averment by interposing a
denial of knowledge or information sufficient to form a belief or a denial on information and
belief.” 5 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1266, at 405
(2d ed. 1990).
specific denial.A separate response applicable to one or more particular allegations in a
complaint. [Cases: Federal Civil Procedure 742; Pleading 124. C.J.S. Pleading § 188.]
3. A refusal or rejection <denial of an employment application>.4. A deprivation or
withholding <denial of due process>. — deny,vb. [Blacks Law 8th]