Legal Definitions - plea puis darrein continuance

A plea puis darrein continuance (pronounced "pwee dar-RAN kon-TIN-yoo-ans") refers to a formal statement or defense presented by a party in a lawsuit to the court, introducing new facts or circumstances that have arisen after the initial pleadings were filed and since the last time the legal proceedings were postponed or adjourned (a "continuance"). This type of plea allows a party to bring newly discovered, material information to the court's attention that could significantly impact the outcome of the case, even if it emerged late in the litigation process.

Here are some examples illustrating this concept:

• Imagine a lawsuit between a software company and a client over a breach of contract. The case has been ongoing for months, and the court granted a continuance last month to allow for more discovery. Two weeks after that continuance, the software company's legal team uncovers an old email chain between the client's project manager and a former employee, which clearly shows the client approved a change order that they are now claiming was unauthorized. The software company would file a plea puis darrein continuance to introduce this crucial email evidence, as it arose after the last postponement and directly impacts their defense against the breach of contract claim.

• Consider a boundary dispute between two neighbors. The court had previously granted a continuance to allow a new survey to be conducted. After the continuance, but before the trial resumed, the local city council passed a new ordinance that redefines how property lines are determined in that specific historical district, directly affecting the disputed boundary. One of the neighbors could file a plea puis darrein continuance to inform the court of this new, relevant zoning law, as it significantly alters the legal framework for resolving their property dispute and arose after the last court-ordered delay.

• In a personal injury lawsuit where a plaintiff is seeking damages for injuries sustained in an accident, the court granted a continuance to allow the plaintiff to undergo further medical evaluations. A month after that continuance, the plaintiff receives an unexpected new diagnosis from their doctors, directly linked to the accident, which indicates a much more severe and long-term disability than initially understood. The plaintiff's legal team would file a plea puis darrein continuance to present this new medical evidence, as it dramatically changes the scope of their damages claim and emerged after the case's last postponement.