Legal Definitions - traverser

A traverser is a party in a legal case who formally denies the factual allegations made by an opposing party in their written legal documents, known as pleadings. When a party "traverses" a pleading, they are challenging the truthfulness of specific statements or claims made by the other side, thereby requiring that party to prove those facts in court.

• Example 1: Contract Dispute

  Imagine Company X sues Company Y for breach of contract, claiming Company Y failed to deliver a specific quantity of raw materials by the agreed-upon date. In its initial legal filing (the complaint), Company X states, "Company Y failed to deliver 500 units of titanium alloy by October 1st." In response, Company Y files an answer stating, "Company Y denies that it failed to deliver 500 units of titanium alloy by October 1st, as the delivery schedule was verbally amended to October 15th, and delivery was completed on October 10th."

  In this scenario, Company Y is the traverser because it is formally denying the specific factual claim made by Company X regarding the delivery date. By doing so, Company Y challenges the truth of Company X's allegation and forces Company X to present evidence supporting its original claim.

• Example 2: Personal Injury Lawsuit

  Consider a situation where a pedestrian (Plaintiff) sues a driver (Defendant) for injuries sustained in a car accident. The Plaintiff's complaint alleges, "The Defendant was operating their vehicle at an excessive speed and disregarded a stop sign, causing the collision." The Defendant's legal response (the answer) states, "The Defendant denies operating their vehicle at an excessive speed and denies disregarding a stop sign. The Defendant asserts they were driving within the posted speed limit and came to a complete stop."

  Here, the Defendant acts as the traverser. They are directly denying the factual claims made by the Plaintiff about their speed and adherence to traffic laws. This denial creates a factual dispute that will need to be resolved through evidence presented during the legal process.

• Example 3: Property Boundary Dispute

  Suppose Neighbor A files a lawsuit against Neighbor B, claiming that Neighbor B's newly constructed shed encroaches three feet onto Neighbor A's property. Neighbor A's pleading states, "The shed built by Neighbor B extends three feet beyond the established property line, as confirmed by a recent land survey." Neighbor B's response states, "Neighbor B denies that the shed encroaches three feet onto Neighbor A's property and asserts that the shed was built entirely within the boundaries of Neighbor B's land, based on a survey conducted prior to construction."

  Neighbor B is the traverser in this dispute. By formally denying the specific factual claim of encroachment made by Neighbor A, Neighbor B is challenging the accuracy of that allegation and indicating that they will dispute it in court.