Legal Definitions - miskenning

Miskenning refers to a procedural error or a significant mistake made in the formal documents or processes of a legal case, particularly during its initial stages. It can involve an incorrect legal notice or a substantial flaw in the written arguments submitted to the court.

Here are some examples:

• Imagine a situation where a business is being sued, but the legal documents (the summons and complaint) are mistakenly delivered to a junior administrative assistant who is not authorized to accept legal papers on behalf of the company. The proper procedure would require serving a registered agent or an officer. This improper delivery constitutes a miskenning because it is a wrongful summons – the legal notice was not correctly served on the appropriate party, which could invalidate the entire process of notifying the defendant.

• Consider a lawyer filing a lawsuit for breach of contract. In the formal written complaint submitted to the court, the lawyer accidentally fails to include a crucial detail required by law to prove a contract existed, such as the specific terms of the agreement or the consideration exchanged. This omission is a miskenning because it is a pleading mistake or irregularity – a significant error in the formal written argument that could lead to the case being dismissed or delayed.