Legal Definitions - plea in bar

Plea in Bar

A "plea in bar" is a formal legal argument made by a defendant in a lawsuit or criminal case that aims to completely and permanently stop the legal action against them. Instead of merely delaying the case, it seeks to end it entirely, preventing any further proceedings on the matter.

• General Plea in Bar: This typically refers to a criminal defendant's plea of "not guilty." By entering this plea, the defendant denies every accusation made by the prosecutor, challenging all the facts and circumstances that would be necessary to prove their guilt. If successful, it would result in an acquittal, permanently barring further prosecution for that specific charge.
  • Example: Sarah is accused of shoplifting. She enters a "not guilty" plea, asserting that she did not take any items from the store and was not even present at the time of the alleged incident. This is a general plea in bar because she is denying all the fundamental facts of the accusation, aiming to defeat the prosecution's case entirely and permanently avoid conviction.
• Special Plea in Bar: This type of plea does not argue about whether the defendant committed the alleged acts. Instead, it introduces an external fact or circumstance that, if proven, legally prevents the court from trying the defendant for the offense, regardless of the merits of the case.
  • Example 1 (Statute of Limitations): John is accused of a minor financial fraud that allegedly occurred eight years ago. His attorney files a special plea in bar, arguing that the statute of limitations for that particular crime is five years, meaning the legal deadline to prosecute has passed. If the court agrees, the case against John would be permanently dismissed, not because he is innocent, but because the law prevents prosecution after a certain period.
  • Example 2 (Immunity): A former government official is charged with a crime related to their official duties while serving abroad. Their legal team files a special plea in bar, asserting that the official is protected by diplomatic immunity for actions taken in their official capacity. If the court upholds this plea, the prosecution would be permanently barred, as the official's status provides a legal shield against trial.
  • Example 3 (Lack of Jurisdiction): A company is sued in a state court for alleged environmental damage that occurred entirely within a neighboring state. The company files a special plea in bar, arguing that the current court lacks the proper geographical jurisdiction to hear the case. If successful, the case would be dismissed, not based on whether the company caused damage, but because the court itself does not have the legal authority to preside over the dispute.