Legal Definitions - triplicatio

Triplicatio is a term from ancient Roman law that describes a specific stage in the formal exchange of legal documents during a lawsuit. It refers to the plaintiff's third formal written statement, submitted in response to the defendant's second response, which was known as the "duplicatio." This intricate sequence of pleadings allowed both parties to progressively refine their arguments, introduce new facts, and directly address points raised by the opposing side.

In essence, the pleading sequence in Roman law often followed this pattern:

• The plaintiff presents their initial claim.
• The defendant responds with their primary defense (the exceptio).
• The plaintiff then replies to that defense (the replicatio).
• The defendant then responds to the plaintiff's reply (the duplicatio).
• Finally, the plaintiff submits the triplicatio, which is their response to the defendant's duplicatio.

While the specific terminology is historical, the concept of multiple rounds of written arguments exists in various forms in modern legal systems, where a similar stage might be referred to as a "surrejoinder."

Here are some examples to illustrate the concept of triplicatio:

• Example 1: A Dispute Over a Loan Agreement

  Imagine a scenario where a lender (the plaintiff) sues a borrower (the defendant) for failing to repay a loan. The borrower initially responds by claiming the loan agreement was signed under duress (their exceptio). The lender then files a replicatio, asserting that the borrower willingly entered the agreement. The borrower then files a duplicatio, presenting new evidence, such as witness statements, to support their claim of duress. The lender's subsequent filing, the triplicatio, would be their formal response to these new witness statements, perhaps by providing counter-affidavits or challenging the credibility of the witnesses.

  This example illustrates the triplicatio as the plaintiff's third opportunity to address new arguments and evidence introduced by the defendant, specifically responding to the defendant's second set of arguments.

• Example 2: A Construction Contract Disagreement

  Consider a homeowner (the plaintiff) suing a contractor (the defendant) for incomplete work. The contractor's initial defense (their exceptio) might be that the homeowner failed to provide necessary materials on time. The homeowner's replicatio would then argue that all materials were provided as per the contract schedule. The contractor then files a duplicatio, presenting delivery receipts showing delays caused by the homeowner's supplier. The homeowner's triplicatio would be their formal response to these specific delivery receipts, perhaps by demonstrating that the contractor was responsible for coordinating with the supplier or that the delays were negligible.

  Here, the triplicatio demonstrates the plaintiff's final structured response within this pleading sequence, directly addressing the specific points and evidence raised in the defendant's duplicatio.

• Example 3: A Claim of Property Damage

  Suppose a farmer (the plaintiff) sues a neighboring rancher (the defendant) for damage caused by the rancher's livestock. The rancher's initial defense (their exceptio) is that the farmer's fence was improperly maintained. The farmer's replicatio asserts the fence was in good repair. The rancher then files a duplicatio, providing photographs taken weeks before the incident showing specific sections of the fence in disrepair. The farmer's triplicatio would then be their formal response to these photographs, perhaps by submitting repair invoices dated before the incident, proving the fence had been fixed, or arguing the photos show a different section of the fence.

  This example highlights the triplicatio as the plaintiff's final chance in this exchange to counter the defendant's latest factual assertions and evidence, ensuring all points are addressed before the case proceeds further.