Legal Definitions - interposition

Interposition refers to the act of formally presenting a legal document, argument, or defense in response to a claim or action initiated by an opposing party in a legal proceeding.

It essentially means to "put forward" or "insert" one's own legal position, argument, or defense into a case.

• Example 1: Civil Lawsuit Defense

  Imagine a small business owner is sued by a former client who claims they were overcharged for services. In response, the business owner's attorney might interpose a counterclaim, arguing that the client actually failed to pay for additional work requested, or interpose an affirmative defense stating that the original contract clearly outlined the pricing structure and was agreed upon.

  This illustrates interposition because the business owner is formally presenting their own legal claims or defenses to counter the client's allegations, inserting their side of the story into the legal dispute.

• Example 2: Responding to a Motion

  Consider a situation where one party in a divorce case files a "motion to compel" the other party to produce certain financial documents. The other party's lawyer might interpose an objection to the motion, arguing that the requested documents are irrelevant or protected by privacy laws, or interpose a request for a protective order to limit how the documents can be used.

  Here, interposition means the lawyer is formally presenting a legal response or counter-argument to the opponent's specific request (motion), aiming to prevent or modify its outcome.

Historically, the term "interposition" also referred to a controversial doctrine where a state would attempt to reject or nullify a federal law or mandate that it believed was unconstitutional or exceeded federal authority. However, the U.S. Supreme Court has consistently ruled that this form of interposition is an illegal defiance of constitutional authority, affirming the supremacy of federal law over state actions.