Legal Definitions - issuable plea

An issuable plea refers to a formal response made by a defendant in a civil lawsuit that presents a substantive defense, creating a clear question of fact or law that must be resolved by the court or jury. Unlike procedural objections or delaying tactics, an issuable plea goes to the heart of the dispute, directly challenging the plaintiff's claims and, if proven true, would decide the case in the defendant's favor. It sets up a specific "issue" that requires evidence and a decision.

• Example 1: Contract Dispute

  Imagine a company, "BuildFast Inc.," sues a client, "GreenSpaces LLC," for breach of contract, claiming GreenSpaces failed to pay for construction services. GreenSpaces responds with an issuable plea, stating that they never entered into a contract with BuildFast Inc. in the first place, and the signature on the alleged contract is a forgery. This plea creates a clear factual issue: Was there a valid contract between the parties? The court would then need to hear evidence and determine the authenticity of the contract and signature.

• Example 2: Personal Injury Claim

  Consider a lawsuit where "Sarah" sues "David" for negligence, alleging that David's reckless driving caused a car accident resulting in her injuries. David files an issuable plea asserting that he was not driving the vehicle involved in the accident at the time it occurred, and provides an alibi. This plea establishes a fundamental factual issue: Was David the driver responsible for the accident? The court would need to examine evidence, such as witness testimonies or surveillance footage, to resolve this core dispute.

• Example 3: Debt Collection

  Suppose a bank sues "Mr. Henderson" to collect an outstanding loan debt. Mr. Henderson responds with an issuable plea, stating that he fully repaid the loan six months ago and provides bank statements and receipts as proof. This plea creates a direct factual issue: Has the debt been paid? The court would then need to review the financial records and determine whether Mr. Henderson's claim of payment is valid, which would resolve the entire case if proven true.