Legal Definitions - rejoinder

Rejoinder

A rejoinder is a formal legal document filed by a defendant in a lawsuit. It represents the defendant's specific response to a document previously submitted by the plaintiff, known as a "reply" or "replication." In essence, it's a further step in the structured exchange of written arguments between the parties, allowing the defendant to address new points, counter-arguments, or legal assertions raised by the plaintiff in their reply.

Here are some examples to illustrate:

• Imagine a scenario where a software company (the plaintiff) sues a former developer (the defendant) for breaching a confidentiality agreement. The defendant files an answer, claiming the information they allegedly disclosed was not actually confidential. The company then files a reply, arguing that the defendant specifically signed an agreement acknowledging the information's confidential nature and received a bonus tied to that agreement. The defendant would then file a rejoinder to counter these new points, perhaps by arguing that the bonus was for a different achievement, or that the specific information disclosed had already entered the public domain before their actions, directly responding to the plaintiff's arguments in the reply.

• Consider a dispute between two neighbors over a shared driveway. The first neighbor (the plaintiff) files a complaint asserting exclusive ownership of the driveway. The second neighbor (the defendant) files an answer, claiming they have a legal easement allowing them to use the driveway. The plaintiff then files a reply, arguing that the easement was only temporary and expired five years ago. The defendant would then submit a rejoinder to provide further arguments or evidence, such as a renewed agreement or a historical deed, demonstrating that the easement is still valid and active, directly addressing the plaintiff's claim of expiration.