General Imparlance is a legal term used when a defendant requests additional time to respond to the plaintiff’s last pleading. The purpose of this request is typically to give the parties an opportunity to resolve the dispute outside of court. By granting general imparlance, the defendant is given more time until the court’s next term. However, it is important to note that the defendant cannot later challenge the court’s jurisdiction or raise any other objections. It is worth mentioning that this term is not commonly used in modern legal practice.
A general imparlance is a legal term that refers to a defendant being granted additional time to respond to the plaintiff’s last pleading. This is often done to facilitate the resolution of the dispute without the need for a trial. In England, general imparlances were abolished in 1853. For instance, after the defendant presents their initial defence, they may request a general imparlance to allow them more time to address the plaintiff’s claims. This provides an opportunity to attempt to settle the matter outside of court before proceeding with the case. Essentially, a general imparlance allows the defendant to delay the legal process and potentially avoid going to trial by providing them with more time to respond to the plaintiff’s claims. This enables them to explore options for negotiating a settlement or finding alternative ways to resolve the dispute without resorting to court proceedings.
General imparlance refers to a legal doctrine that allows parties in a lawsuit to request additional time to respond to a complaint or legal document.
To request general imparlance, you typically need to file a motion with the court explaining the reasons why you need additional time to respond. The court will then review your request and decide whether to grant it.
Valid reasons for requesting general imparlance may include needing more time to gather evidence, consult with an attorney, or address personal or health-related issues that may hinder your ability to respond within the original timeframe.
Yes, the opposing party has the right to object to your request for general imparlance. They may argue that granting additional time would cause undue delay or prejudice their case.
The length of time for which general imparlance can be granted varies depending on the jurisdiction and the specific circumstances of the case. It can range from a few days to several weeks.
In most cases, you can request general imparlance multiple times, but the court may be less inclined to grant subsequent requests if they believe you are unnecessarily delaying the proceedings.
If your request for general imparlance is denied, you will be expected to respond to the complaint or legal document within the original timeframe provided. Failure to do so may result in adverse consequences, such as a default judgment being entered against you.
Yes, the court has the authority to grant general imparlance even if the opposing party objects. However, the court will consider the objections raised and make a decision based on the merits of the case.
General imparlance is generally available in most types of legal cases, including civil, criminal, and administrative proceedings. However, the specific rules and procedures may vary depending on the jurisdiction and the nature of the case.
While general imparlance can provide additional time, it is not intended to be used as a strategy to unduly delay the legal process. Courts generally expect parties to proceed with reasonable diligence, and excessive or unjustified requests for general imparlance may be denied.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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