In legal jargon, a special imparlance denotes a defendant’s plea for additional time to respond to the plaintiff’s final submission, like a writ or bill, usually to facilitate out-of-court resolution of the conflict. While a special imparlance may be granted by the court, it only permits the defendant to challenge the writ, bill, or count, not the court’s authority. Imparlances were eliminated in England in 1853.
The legal term “special imparlance” refers to a defendant being granted a continuance to provide them with additional time to respond to the plaintiff’s last pleading, such as a writ, bill, or count. This extension is typically given to allow the parties to resolve the dispute outside of court. It is important to note that special imparlance only applies to exceptions to the writ, bill, or count, and not to the court’s jurisdiction. For instance, John, who is being sued by Jane for breach of contract, has requested a special imparlance to respond to Jane’s complaint and attempt to settle the matter outside of court. The court has granted John’s request, but only with respect to the writ, bill, or count, and not to the court’s jurisdiction. In the past, parties in a legal dispute were permitted to speak or confer with each other during oral pleadings to try to settle the matter, which was known as an imparlance. However, this practice was abolished in England in 1853. These examples demonstrate how special imparlance is a legal term that refers to a defendant being granted a continuance to respond to the plaintiff’s last pleading and attempt to settle the matter outside of court, but only with respect to the writ, bill, or count, and not to the court’s jurisdiction.
Special imparlance is a legal term that refers to the right of a party in a lawsuit to request additional time to respond to a claim or to seek legal advice before proceeding further in the case.
You can request special imparlance when you have been served with a legal claim and need more time to prepare your response or seek legal representation.
To request special imparlance, you typically need to file a written motion with the court explaining the reasons why you need additional time and how it will benefit your case.
No, special imparlance is not guaranteed. The court will consider your request based on the circumstances of your case and may grant or deny it at their discretion.
The amount of additional time granted with special imparlance varies depending on the court and the specific circumstances of your case. It can range from a few days to several weeks.
Yes, the other party can object to your request for special imparlance. They may argue that you have had sufficient time to respond or that granting additional time would cause undue delay in the proceedings.
If your request for special imparlance is denied, you will be required to respond to the legal claim within the original timeframe provided by the court.
In some cases, you may be able to request special imparlance multiple times if you can demonstrate valid reasons for needing additional time. However, the court may become less inclined to grant subsequent requests.
Special imparlance is primarily used in civil cases. In criminal cases, defendants typically have other legal rights and procedures to ensure a fair trial, such as the right to an attorney and the right to a speedy trial.
Special imparlance is not intended to be used as a means to avoid a trial. Its purpose is to provide parties with a reasonable opportunity to prepare their case and ensure a fair and just legal process.
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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