Legal Definitions - imparlance

Imparlance refers to a historical legal practice where a court would grant a party, typically the defendant, additional time to respond to the opposing side's legal filing. This postponement was often requested to allow the parties to discuss a potential settlement or to give the defendant more opportunity to prepare their formal answer to the allegations. Essentially, it was a pause in the legal proceedings to facilitate either negotiation or a more thorough preparation of a defense. This practice is no longer part of modern legal systems.

Here are some examples illustrating how imparlance would have been applied:

• Example 1: Seeking an Amicable Resolution

  Imagine a scenario in the 18th century where a merchant (the plaintiff) sued another merchant (the defendant) for an alleged unpaid debt. The defendant believed there was a misunderstanding in the accounting and wanted to discuss the matter directly with the plaintiff to clarify the records and avoid a lengthy court battle. Instead of immediately filing a formal defense, the defendant would request an imparlance from the court. This would grant them a period of time to meet with the plaintiff, review the accounts together, and attempt to reach an agreement outside of court. If they succeeded, the lawsuit might be dropped; if not, the defendant would then proceed to file their formal response.

  This example illustrates imparlance as a mechanism to pause legal proceedings specifically to allow parties an opportunity to negotiate and settle their dispute amicably before further litigation.

• Example 2: Preparing a Complex Defense

  Consider a case from the early 19th century where a landowner (the plaintiff) filed a detailed complaint against a neighboring estate owner (the defendant) concerning disputed property boundaries and water rights, involving old surveys and historical usage patterns. The defendant's legal team would need substantial time to research historical documents, interview elderly witnesses, and consult with surveyors to properly understand the claims and formulate a robust defense. Faced with a tight deadline to respond, the defendant's attorney would petition the court for an imparlance. This would provide the necessary extension to thoroughly investigate the complex issues, gather all relevant evidence, and meticulously draft a comprehensive legal answer.

  This example demonstrates imparlance providing crucial additional time for a party to prepare a thorough and well-researched legal response, especially in cases involving intricate facts or extensive documentation.

• Example 3: Addressing Unforeseen Circumstances

  Suppose in a historical legal setting, a defendant received a summons and complaint, but shortly thereafter, a key witness essential to their defense unexpectedly fell gravely ill and was unable to provide testimony or information. To avoid submitting an incomplete or rushed response, the defendant's counsel would apply for an imparlance. This request would explain the unforeseen circumstance and seek a temporary delay in the deadline for filing their answer, allowing time for the witness to recover or for alternative evidence to be secured. Once the impediment was resolved, the defendant would then proceed with their formal pleading.

  This example highlights imparlance as a means to accommodate practical difficulties or unforeseen circumstances that might hinder a party's ability to prepare and file a timely and complete legal response.