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Simple English definitions for legal terms
special imparlance
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A quick definition of special imparlance:
A special imparlance is a legal term that refers to a request made by a defendant for more time to answer the plaintiff's last pleading, such as a writ or bill. This is often done to allow the parties to settle the dispute without going to court. The court may grant a special imparlance, which allows the defendant to save exceptions to the writ, bill, or count, but not to the court's jurisdiction. Imparlances were abolished in England in 1853.
A more thorough explanation:
Definition: Special imparlance is a legal term that refers to a continuance granted to a defendant for the purpose of giving them more time to answer the plaintiff's last pleading, such as a writ, bill, or count. This continuance is often granted to allow the parties to settle the dispute outside of court. Special imparlance only saves exceptions to the writ, bill, or count, but not to the court's jurisdiction.
- John is being sued by Jane for breach of contract. John requests a special imparlance to have more time to respond to Jane's complaint and to try to settle the matter outside of court. The court grants John's request, but only saves exceptions to the writ, bill, or count, not to the court's jurisdiction.
- In the past, parties in a legal dispute were allowed to speak or confer with each other during oral pleadings to try to settle the matter. This was known as an imparlance. However, this practice was abolished in England in 1853.
These examples illustrate how special imparlance is a legal term that refers to a continuance granted to a defendant to allow them more time to respond to the plaintiff's last pleading and to try to settle the matter outside of court. Special imparlance only saves exceptions to the writ, bill, or count, but not to the court's jurisdiction.