Simple English definitions for legal terms
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Anticipatory replication is a type of legal response used in court cases. It is a reply to a defendant's plea or answer that denies any defensive matters that the defendant might assert. This type of replication is used in equity pleading, which is a type of legal procedure used in certain cases. If a defendant relies on an anticipated defense, they must also traverse the anticipatory matter in addition to setting up the defense.
Definition: Anticipatory replication is a type of reply in legal proceedings where the plaintiff or complainant responds to a defendant's plea or answer before it is even made. It is used in equity pleading, where the plaintiff denies any defensive matters that the defendant might assert in their defense.
Example: If a plaintiff files an original bill in a court of equity, they may include an anticipatory replication to deny any potential defenses that the defendant may raise. This means that the defendant must traverse (dispute) the anticipatory matter in addition to setting up their defense.
This type of replication is used to prevent the defendant from raising any new defenses that were not included in their initial plea or answer. It puts the defendant on notice that the plaintiff is aware of potential defenses and is prepared to counter them.