Legal Definitions - special imparlance

Special imparlance refers to a historical legal procedure where a court would grant a party, typically a defendant, a limited extension of time to respond to a lawsuit. Unlike a general imparlance, which allowed the party to raise a wide range of preliminary objections, a special imparlance came with specific conditions or restrictions.

These conditions typically limited the party to addressing only certain aspects of the opposing claim after the extension, such as challenging whether the facts presented, even if true, legally constituted a valid case. It was a way to provide additional time for preparation while preventing the party from later raising broader procedural or jurisdictional challenges that might otherwise have been available. This concept has largely been superseded by modern rules of civil procedure that govern extensions of time and the types of motions parties can file.

• Example 1: Contract Dispute

  Imagine a historical scenario where a merchant is sued for breach of contract. The merchant believes the contract itself might be invalid due to a technicality, but also needs more time to gather documents to prove they fulfilled their part. If the court granted a special imparlance, it might give the merchant extra time to prepare their defense. However, the "special" condition could stipulate that after this extension, the merchant could only argue whether the plaintiff's complaint *failed to state a valid claim* for breach, and not, for instance, challenge the court's authority to hear the case in the first place. This illustrates how the extension came with specific limitations on the types of defenses that could be raised later.

• Example 2: Property Boundary Dispute

  Consider a historical land dispute where a landowner is accused of encroaching on a neighbor's property. The landowner requests more time to consult with surveyors and legal counsel to understand the precise boundary lines. A court might grant a special imparlance, allowing the landowner additional time to formulate a response. However, the "special" condition might prevent the landowner from later arguing that the court lacked jurisdiction over the specific piece of land, thereby forcing them to focus their eventual defense solely on the merits of the encroachment claim itself. This demonstrates how the time granted was conditional, narrowing the scope of future arguments.

• Example 3: Debt Collection Case

  In a historical debt collection case, a person is sued for an unpaid loan. They need more time to locate old payment receipts and consult with an attorney to verify the claim. If the court granted a special imparlance, it would provide this extra time. However, the court might stipulate that the defendant, after this extension, could only argue that the plaintiff's complaint did not properly allege a debt or that the amount claimed was incorrect. This would prevent them from later raising a defense that the plaintiff had no legal standing to sue at all, showcasing the restricted nature of the granted time.