General denial

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In pleading, a general denial is a denial that relates to all allegations which are not otherwise pleaded to. Many legal systems provide that in a statement of defense, any allegation made by the plaintiff which is not traversed (i.e. specifically denied or "not-admitted") is deemed to have been admitted by the defendants. [1] Accordingly, it became common practice to add a general denial at the end of a statement of defense to make sure that nothing was accidentally admitted in this fashion.

In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action.

A plaintiff is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy; if this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order. "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exception being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant", but that term also has other meanings. In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".

In English law, the usual form of general denial was normally phrased:

"Except as hereinbefore expressly admitted or not-admitted, each and every paragraph of the statement of claim is denied as if set out herein seriatim ."

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References

  1. Rule 8. Cornell University Law School. Accessed May 17, 2012.