Legal Definitions - general imparlance

The term general imparlance refers to a historical legal procedure, largely obsolete in modern court systems, where a defendant requested an extension of time from the court to prepare their response to a plaintiff'slawsuit.

In earlier legal practice, when a plaintiff filed a complaint (or "declaration") against a defendant, the defendant was expected to respond within a certain timeframe. A defendant who needed more time to review the allegations, consult with legal counsel, or attempt to negotiate a settlement could ask the court for an "imparlance."

A general imparlance was the most common type of such request. It was a simple, unqualified petition for more time to "imparl" (meaning to confer or speak with the other party or one's counsel) before filing a formal plea or defense. By requesting a general imparlance, the defendant typically acknowledged the court's jurisdiction and the regularity of the proceedings up to that point, without reserving any specific objections to the plaintiff's initial filing. Modern legal systems have replaced this specific procedure with standardized rules for requesting extensions of time, which are typically granted based on showing good cause.

Here are some examples illustrating the historical concept of a general imparlance:

• Example 1: Complex Business Litigation

  Imagine a scenario in 18th-century England where a large trading company, "Global Merchants Ltd.," is sued by a competitor for alleged breach of a complex international trade agreement. Upon receiving the plaintiff's detailed declaration, Global Merchants' legal team realizes they need significant time to review voluminous shipping manifests, financial ledgers, and correspondence spanning several years. Rather than immediately filing a defense, their barrister would request a general imparlance from the court. This would grant them a period to thoroughly investigate the claims, gather their evidence, and formulate a comprehensive response without having to raise specific objections to the plaintiff's initial filing at that early stage.

  How it illustrates the term: This demonstrates a defendant needing a general extension of time to prepare their case due to its complexity, without challenging the court's authority or the initial filing's technicalities.

• Example 2: Property Dispute Resolution

  Consider a historical land dispute where "Mr. Davies" is sued by his neighbor, "Ms. Evans," over the exact boundary line between their properties. The plaintiff's declaration outlines her claim to a specific portion of land. Mr. Davies, upon receiving the summons, might not have immediate access to all his property deeds, survey records, or the historical knowledge needed to contest the claim effectively. To avoid rushing a defense, his attorney would seek a general imparlance. This would provide Mr. Davies with a court-approved delay to consult with surveyors, research historical land records, and properly prepare his counter-arguments or defense, acknowledging the court's role in resolving the dispute.

  How it illustrates the term: Here, the defendant requests a general extension to gather necessary information and expert opinions before formally responding to a property claim, signifying a simple request for more preparation time.

• Example 3: Personal Injury Claim (Pre-Trial Negotiation)

  In a historical context, if "Mr. Henderson" sued "Mr. Thompson" for injuries sustained in an accident, Mr. Thompson, upon being served with the lawsuit, might believe there's a possibility of settling the matter out of court. Instead of immediately filing a formal defense, which could escalate the conflict, Mr. Thompson's legal representative might request a general imparlance. This extension would allow both parties a designated period to "imparl" – to confer and negotiate a potential settlement without the immediate pressure of a looming deadline for a formal legal response. If negotiations failed, Mr. Thompson would then use the remaining time from the imparlance to prepare and file his defense.

  How it illustrates the term: This example highlights the use of a general imparlance to gain time for negotiation or to simply prepare a defense, without raising any specific procedural objections, demonstrating its function as a general delay for case preparation or resolution attempts.