Legal Definitions - special plea

Special Plea

A special plea is a formal legal argument made by a party in a lawsuit or criminal case that raises a specific defense or objection *other than* a direct denial of the facts or an admission of guilt. Instead of addressing the core factual dispute (e.g., whether someone committed an act or owes money), a special plea asserts a legal reason why the court should not proceed with the case, should dismiss it, or should delay it. These pleas often challenge the court's authority to hear the case, the timing of the lawsuit, or argue that the matter has already been legally resolved.

• Example 1: Challenging Jurisdiction

  A small online bookstore, based solely in Vermont, is sued in a California court by a customer claiming a defective product. The bookstore's attorney files a special plea, arguing that the California court lacks personal jurisdiction over the Vermont company because it has no physical presence, employees, or targeted advertising efforts in California, and the customer initiated the transaction from outside California.

  This illustrates a special plea because the bookstore is not denying the customer's claim about the product itself. Instead, it is asserting a legal reason (lack of jurisdiction) why the California court is not the proper venue to hear the case, regardless of the product's alleged defect.

• Example 2: Statute of Limitations

  A bank files a lawsuit against an individual to recover an old, unpaid loan. The individual's lawyer responds with a special plea, asserting that the last payment on the loan was made eight years ago, and the state's law sets a six-year limit (statute of limitations) for filing such debt collection lawsuits.

  Here, the individual is not necessarily disputing that the loan was taken out or that a balance was owed. Their special plea is a legal defense arguing that the bank waited too long to file the lawsuit, and therefore, the court is legally barred from enforcing the debt, regardless of its original validity.

• Example 3: Previously Decided Matter (Res Judicata)

  Following a complex business dispute that was fully litigated and resulted in a final judgment by a court, one of the parties attempts to file a new lawsuit against the same opponent, seeking damages for the exact same issues that were already decided in the previous case. The defendant files a special plea.

  This is a special plea because the defendant is not re-arguing the facts of the business dispute. Instead, they are asserting the legal principle of res judicata (a matter already judged), arguing that the issues have already been definitively resolved by a court and cannot be litigated again, thereby seeking to dismiss the new lawsuit.