Legal Definitions - congé d'emparler

Congé d'emparler is a historical legal term originating from French, meaning "leave to imparl." In past legal systems, this phrase referred to a formal request made by a defendant to the court for an extension of time. This additional time was sought to allow the defendant to prepare and file their formal response, known as a responsive pleading, to the plaintiff's initial complaint or accusation. Essentially, it was a plea for more deliberation and preparation time before being required to submit a formal legal document.

Here are some examples illustrating the application of congé d'emparler:

• Complex Commercial Dispute: Imagine a merchant in the 17th century being sued for breach of a complex contract involving multiple shipments of goods across different countries. The plaintiff's complaint details numerous alleged failures and financial discrepancies over several years. The merchant, as the defendant, would need significant time to review all contract documents, shipping manifests, and correspondence to formulate an appropriate defense. A request for congé d'emparler would grant them the necessary extension to thoroughly investigate the intricate claims before filing their detailed responsive pleading, ensuring they are not rushed into an inadequate defense.

• Unexpected Illness of Legal Counsel: Consider a defendant who has just been served with a summons and complaint for a significant debt. Before their legal counsel can begin drafting the formal response, the counsel falls gravely ill and is unable to work for several weeks. In this situation, the defendant would seek a congé d'emparler from the court. This request would acknowledge the unforeseen circumstances preventing a timely response and ask for an extension to either allow their current counsel to recover or to find and adequately brief new counsel before the deadline for filing a responsive pleading.

• Gathering Evidence from a Remote Location: Suppose a defendant is accused of damaging property in a town far from where they currently reside. The defense relies heavily on alibi witnesses and physical evidence located in that distant town, requiring travel and extensive investigation. To properly prepare their defense, the defendant would need to travel, interview witnesses, and gather evidence from the remote location. A congé d'emparler would be requested to provide the extended period necessary for this investigative work, ensuring they have all the facts and supporting documentation ready before submitting their formal answer to the court.