Legal Definitions - specific traverse

A specific traverse is a formal legal response in which one party in a lawsuit directly denies a particular factual claim made by the opposing party. Instead of issuing a general denial that disputes all allegations, a specific traverse singles out and refutes one or more precise statements of fact. This forces the party making the claim to prove that specific fact in court, narrowing the issues that need to be litigated.

• Example 1: Contract Dispute

  Imagine a small business owner sues a supplier, claiming the supplier failed to deliver a specific component by the agreed-upon date of October 15th. The supplier's legal team might file a response that includes a specific traverse stating, "Defendant specifically denies that the agreed-upon delivery date for the component was October 15th, 2023."

  This example illustrates a specific traverse because the supplier is not denying the entire contract or that a component was to be delivered. Instead, they are precisely challenging only one particular factual assertion: the exact delivery date. This means the business owner will need to present evidence to prove that October 15th was indeed the agreed delivery date.

• Example 2: Personal Injury Case

  In a lawsuit following a bicycle accident, the injured cyclist claims in their complaint that they were wearing a helmet at the time of the collision. The driver's attorney, in their formal response, might include a specific traverse: "Defendant specifically denies that Plaintiff was wearing a helmet at the time of the incident."

  Here, the driver is not denying that an accident occurred or that the cyclist was injured. They are specifically disputing the factual claim about helmet use, which could be relevant to the extent of injuries or comparative negligence. This denial requires the cyclist to provide proof that they were, in fact, wearing a helmet.

• Example 3: Property Boundary Dispute

  A homeowner files a lawsuit against their neighbor, alleging that the neighbor's newly constructed shed extends five feet onto their property, based on a survey conducted last month. The neighbor's legal filing might contain a specific traverse stating, "Defendant specifically denies that the shed encroaches five feet onto Plaintiff's property, and further denies the accuracy of the survey referenced in paragraph 4 of the complaint."

  This demonstrates a specific traverse because the neighbor is not denying the existence of the shed or the property line itself. They are directly challenging the *specific measurement* of the encroachment and the validity of the evidence (the survey) supporting that claim. This forces the homeowner to present compelling evidence to prove the precise extent of the alleged encroachment.