Legal Definitions - placitory

Placitory (adjective)

Describes anything related to the formal written statements (known as "pleadings") submitted to a court by parties in a lawsuit, or to the act of presenting a formal response (a "plea") in a legal proceeding. It refers to the initial stage of a legal case where claims, defenses, and formal responses are formally laid out in writing or declared in court.

• Example 1 (Civil Pleading):

  A lawyer is drafting a motion to strike a portion of the opposing party's complaint, arguing that certain allegations are irrelevant and prejudicial. This motion is a formal written document submitted to the court, directly challenging the content of the initial pleading.

  Explanation: The motion to strike is a placitory document because it directly addresses and seeks to modify a formal written statement (a pleading) submitted by another party in the lawsuit. The act of preparing and filing such a motion is part of the formal exchange of legal arguments that defines the placitory process.

• Example 2 (Criminal Plea):

  During a criminal hearing, a defendant decides to change their initial "not guilty" declaration to a "guilty" plea, formally admitting responsibility for the charges. This change is officially recorded by the court.

  Explanation: The defendant's act of changing their plea is a placitory action because it is a formal, official response to the criminal accusations. This declaration significantly impacts the course of the legal proceedings, either leading to a trial or moving directly to sentencing.

• Example 3 (Procedural Rules):

  The state's rules of civil procedure include specific requirements for the formatting, content, and deadlines for filing an "answer" to a "complaint." These rules dictate how a defendant must formally respond to the allegations made against them.

  Explanation: These procedural rules are placitory in nature because they govern the proper method and timing for submitting formal written statements (pleadings) in a legal dispute. They ensure that the exchange of claims and defenses adheres to established legal protocols, maintaining order and fairness in the litigation process.