Legal Definitions - traverse

A traverse is a formal legal response in which one party in a lawsuit or legal proceeding directly denies a specific factual statement made by the opposing party in their written legal documents (known as pleadings). Essentially, it's a way for a party to formally say, "I disagree with that particular fact you've stated, and I challenge its truth." By filing a traverse, a party indicates that they intend to dispute the alleged fact and require the opposing party to prove it.

• Example 1: Personal Injury Lawsuit

  Imagine a plaintiff files a lawsuit against a restaurant, claiming they slipped and fell because the restaurant failed to clean up a spilled drink. In their complaint, the plaintiff alleges, "The defendant (restaurant) was aware of the spilled liquid for at least 30 minutes before the plaintiff's fall." The restaurant, in its formal written response to the lawsuit, files a traverse by stating, "Defendant denies that it was aware of any spilled liquid for at least 30 minutes prior to the incident, or for any period of time sufficient to have taken corrective action."

  This is a traverse because the restaurant is directly challenging and denying a specific factual allegation made by the plaintiff regarding the restaurant's knowledge of the spill. The restaurant is asserting that this particular fact is untrue and will need to be proven.

• Example 2: Contract Dispute

  Consider a scenario where a software development company sues a client for unpaid invoices, alleging in its complaint, "The client verbally approved the final design specifications on October 1st, thereby authorizing the commencement of the coding phase." The client, in their defense, files a traverse, stating, "Defendant denies ever verbally approving the final design specifications on October 1st, or on any other date, and therefore denies authorizing the commencement of the coding phase."

  Here, the client is using a traverse to formally dispute the software company's claim that a specific verbal approval was given on a particular date. By denying this fact, the client is challenging a key element of the company's claim for payment.

• Example 3: Property Boundary Dispute

  Suppose one homeowner files a petition claiming ownership of a strip of land between their property and their neighbor's, alleging, "Petitioner has maintained the disputed strip of land, including mowing and landscaping, openly and exclusively for the past 15 years." The neighbor, in their response to the petition, includes a traverse, asserting, "Respondent denies that Petitioner has exclusively maintained the disputed strip of land for the past 15 years, as Respondent has also regularly mowed and maintained portions of said strip."

  The neighbor's statement is a traverse because it directly refutes the specific factual claim of exclusive maintenance over a particular period, which is a crucial element in the petitioner's claim of ownership. The neighbor is challenging the truthfulness of that specific factual assertion.