IMPARLANCE

imparlance (im-pahr-l<<schwa>>nts).Hist. 1. A continuance granted for the purpose of giving the requesting party (usu. the defendant) further time to answer the adversary’s last pleading (esp. the plaintiff’s writ, bill, or count), often so that the parties will have time to settle the dispute. • Imparlances were abolished in England in 1853. 2. A petition for such a continuance. 3. The permission granting such a continuance. — Formerly also spelled emparlance. — Also termed licentia loquendi.

“After defence made, the defendant must put in his plea. But, before he pleads, he is entitled to demand one imparlance, or licentia loquendi, and may have more granted by consent of the plaintiff; to see if he can end the matter amicably without farther suit, by talking with the plaintiff ….” 3 William Blackstone, Commentaries on the Laws of England 298 (1768).

“An imparlance is the time allowed by the court to either party, upon request, to answer the pleading of his opponent. Imparlance, from the French ‘parler’ — to speak — in its most common signification, means time to plead. Formerly the parties, in the course of oral pleadings, were allowed time to speak or confer with one another, so that they might endeavor to settle the matters in dispute, and later, when the pleadings came to be in writing, the court permitted a certain time for each to plead to or answer the pleading of his opponent. In modern practice the term is rarely used ….” Benjamin J. Shipman, Handbook of Common-Law Pleading § 234, at 405 (Henry Winthrop Ballantine ed., 3d ed. 1923).

general imparlance.The allowance of time until the court’s next term, without reserving to the defendant the benefit of any exception. • With this type of imparlance, the requesting defendant cannot later object to the jurisdiction of the court or plead any matter in abatement. general special imparlance.The allowance of time with a saving of all exceptions, so that a

defendant might later plead not only in abatement but also to the jurisdiction.

special imparlance.The allowance of time with a saving only of exceptions to the writ, bill, or

count, but not to the court’s jurisdiction.

[Blacks Law 8th]