Legal Definitions - surrejoinder

A surrejoinder is a specific document filed in a lawsuit, part of an older, more formal system of exchanging written arguments known as common-law pleading. It represents the plaintiff's response to a document previously filed by the defendant, which is called a "rejoinder."

In the traditional common-law pleading sequence, parties exchange documents to narrow down the issues in dispute:

• The plaintiff files a complaint (or declaration).
• The defendant files an answer.
• The plaintiff then files a replication (or reply) to the answer.
• The defendant responds to the replication with a rejoinder.
• Finally, the plaintiff files a surrejoinder to address the points raised in the defendant's rejoinder.

Essentially, a surrejoinder is the plaintiff's opportunity to respond to new factual assertions or legal arguments introduced by the defendant in their rejoinder, continuing the back-and-forth until a clear point of disagreement (an "issue") is reached.

Here are some examples to illustrate how a surrejoinder might be used:

• Example 1: Contract Dispute Over Delivery

  Imagine a scenario where a furniture store (Plaintiff) sued a manufacturer (Defendant) for failing to deliver a large order of custom sofas. The manufacturer's answer claimed the sofas were not delivered because the store failed to make a required down payment. The store's replication argued that the contract did not require a down payment, only full payment upon delivery. The manufacturer's rejoinder then introduced a new argument, stating that while the written contract didn't mention it, there was an established industry custom and prior course of dealing between the parties that always involved a down payment for custom orders.

  In this situation, the furniture store would file a surrejoinder. In this document, the store might argue that the alleged industry custom does not apply to this specific type of contract, or that the prior course of dealing was for different products and therefore irrelevant to the current dispute. This illustrates the surrejoinder as the plaintiff's direct response to the defendant's new argument about industry custom and prior dealings.

• Example 2: Property Boundary Dispute

  Consider a case where a homeowner (Plaintiff) sued their neighbor (Defendant) to establish the correct boundary line between their properties, claiming a portion of land through adverse possession. The neighbor's answer denied the adverse possession claim, stating the homeowner's use of the land was always with the neighbor's express permission. The homeowner's replication countered that the permission was only for a specific, limited period years ago, and their subsequent use was without permission and openly hostile. The neighbor's rejoinder then presented a new piece of evidence: a series of emails from the homeowner thanking the neighbor for "allowing continued use" of the disputed strip of land, implying ongoing permission.

  The homeowner would then file a surrejoinder. In this document, they might explain that the emails referred to a different, smaller section of land, or that the "allowing continued use" was merely a polite formality and not an acknowledgment of permission for the entire disputed period. This demonstrates the surrejoinder as the plaintiff's opportunity to address and clarify new evidence or arguments introduced in the defendant's rejoinder.

• Example 3: Defamation Lawsuit

  Suppose a local business owner (Plaintiff) sued a community blogger (Defendant) for defamation, alleging false statements were published about their business practices. The blogger's answer claimed the statements were true. The business owner's replication provided evidence, such as financial records and witness statements, proving the statements were false. The blogger's rejoinder then raised a new defense, arguing that even if the statements were false, they were protected by "qualified privilege" because they were made in a public forum about a matter of public concern, and without malice.

  The business owner would then file a surrejoinder. In this document, they would argue that the blogger abused any potential qualified privilege by acting with actual malice—meaning the blogger either knew the statements were false or acted with reckless disregard for their truth. This example shows the surrejoinder being used by the plaintiff to respond to a new legal defense (qualified privilege) introduced by the defendant in their rejoinder.