Legal Definitions - replead

Replead (verb)

In legal terms, to replead means to submit a revised version of a formal legal document (known as a "pleading") to a court. This action is typically taken to correct errors, add missing information, or clarify ambiguities that were present in an earlier submission. It allows a party to address deficiencies identified by the court or the opposing side, ensuring their legal arguments and factual assertions are properly presented.

• Example 1: Correcting an Insufficient Complaint

  A small business owner, Sarah, files a lawsuit against a supplier for breach of contract. However, her initial complaint doesn't clearly specify all the damages she suffered or precisely how the supplier violated the agreement. The judge reviews the complaint and determines it lacks sufficient detail to proceed. The judge then issues an order stating that Sarah must replead her complaint, giving her a specific deadline to file a revised version that includes all the necessary factual allegations and legal arguments.

  This illustrates repleading because Sarah is required to file a new, corrected complaint to address the deficiencies identified by the court in her original submission.

• Example 2: Clarifying an Ambiguous Answer

  In a personal injury case, the defendant, Mr. Chen, files an answer to the plaintiff's complaint. However, his answer is very vague, using general denials that don't specifically respond to each of the plaintiff's allegations. The plaintiff's attorney files a motion asking the court to compel Mr. Chen to provide a more specific response. The court agrees and orders Mr. Chen to replead his answer, requiring him to go through each point in the complaint and clearly admit, deny, or state that he lacks sufficient information to respond.

  Here, Mr. Chen must replead his answer to provide the clarity and specificity the court requires, correcting the ambiguity of his initial filing.

• Example 3: Adding New Claims After Discovery

  During the discovery phase of a product liability lawsuit, the plaintiff uncovers new evidence suggesting that the manufacturer not only produced a defective product but also knowingly concealed the defect. This new information supports an additional claim for fraud. The plaintiff's attorney requests permission from the court to amend their original complaint to include this new fraud claim. If the court grants permission, the plaintiff will replead by filing an amended complaint that incorporates the newly discovered facts and the additional legal claim.

  This example shows repleading as the act of filing a new, amended complaint to expand the scope of the lawsuit by adding a new claim based on information that emerged after the initial pleading.