REPLICATION

 

replication (rep-l<<schwa>>-kay-sh<<schwa>>n). A plaintiff’s or complainant’s reply to a

defendant’s plea or answer; REPLY(2). [Cases: Pleading 162. C.J.S. Pleading §§ 209, 219.]

anticipatory replication.Equity pleading. In an original bill, the denial of defensive matters

that the defendant might assert. • A defendant who relies on the anticipated defense must traverse

the anticipatory matter in addition to setting up the defense. [Cases: Equity 133.]

general replication.Equity pleading. A replication that consists of a general denial of the

defendant’s plea or answer and an assertion of the truth and sufficiency of the bill. [Cases: Equity

207.]

replication de injuria.Common-law pleading. A traverse occurring only in the replication

whereby the plaintiff is permitted to traverse the whole substance of a plea consisting merely of

legal excuse, when the matter does not involve a title or interest in land, authority of law, authority

of fact derived from the opposing party, or any matter of record. — Also termed replication de

injuria sua propria, absque tali causa. [Cases: Pleading 179. C.J.S. Pleading § 222.]

replication per fraudem.Common-law pleading. A replication asserting that the discharge

pleaded by the defendant was obtained by fraud.

special replication.Equity pleading. A replication that puts in issue a new fact to counter a

new matter raised in the defendant’s plea or answer. [Cases: Equity 209.] [Blacks Law 8th]