Legal Definitions - special plea in bar

A special plea in bar is a formal legal defense presented by a defendant in a lawsuit or criminal case. Unlike a simple denial of the allegations, this plea introduces new facts or legal arguments that, if proven true, would completely prevent the plaintiff from winning their case or the prosecution from continuing its action, regardless of the initial claims. It "bars" or stops the legal proceeding entirely based on these specific, affirmative defenses.

Here are some examples illustrating a special plea in bar:

• Example 1 (Civil Case - Statute of Limitations):

  Imagine a situation where a person was injured in a slip-and-fall accident at a store four years ago. They decide now to file a lawsuit against the store for their injuries. However, the state law specifies a three-year statute of limitations for personal injury claims, meaning a lawsuit must be filed within three years of the incident.

  The store's attorney could file a special plea in bar, arguing that the lawsuit is legally barred because it was filed after the statutory time limit expired. If the court agrees that the statute of limitations has run out, the entire case would be dismissed, regardless of whether the store was actually negligent or the plaintiff was injured. The plea introduces the new fact (the date of the accident and the filing date) and the legal argument (statute of limitations) to completely bar the action.

• Example 2 (Civil Case - Res Judicata):

  Consider a scenario where a business owner sued a supplier for breach of contract, claiming the delivered goods were defective. After a full trial, the court ruled in favor of the supplier, finding no breach of contract. Six months later, the business owner attempts to sue the same supplier for the exact same defective goods from the same contract, but this time alleging fraud instead of breach of contract.

  The supplier's attorney could file a special plea in bar based on the legal principle of res judicata (meaning "a matter judged"). This plea would assert that the core issue of the defective goods from that specific contract has already been decided by a court of competent jurisdiction between the same parties. If the court accepts this plea, the new lawsuit would be dismissed because the matter has already been fully litigated and concluded, effectively barring the business owner from relitigating the same dispute under a different legal theory.

• Example 3 (Criminal Case - Double Jeopardy):

  Suppose an individual is tried for burglary and, after all evidence is presented, a jury finds them "not guilty." Several months later, new evidence emerges that strongly suggests the individual was indeed responsible for the burglary. The prosecution then attempts to charge the same person with the same burglary offense again.

  The defendant's lawyer would file a special plea in bar, citing the Fifth Amendment of the U.S. Constitution, which protects against double jeopardy. This plea introduces the fact of the prior acquittal for the same offense. If the court recognizes that the double jeopardy protection applies, the new prosecution would be completely barred, preventing the state from trying the defendant again for that specific crime, regardless of the new evidence.