A special plea in bar is a legal argument that a defendant can employ to effectively and permanently invalidate a plaintiff’s or prosecutor’s case. Unlike a general plea in bar that merely denies the charges, a special plea in bar asserts that there exists another justification for why the defendant cannot be prosecuted for the crime. For instance, the defendant may contend that they have previously been acquitted of the same offence or have received a pardon.
A special plea in bar is a legal defence that aims to permanently defeat the plaintiff’s or prosecutor’s action, unlike a general plea in bar, which is a criminal defendant’s plea of not guilty. Instead of denying the facts alleged, a special plea in bar sets up an extrinsic fact that shows why a defendant cannot be tried for the offence charged. Examples of special pleas in bar include the plea of Autrefois Acquit, which asserts that the defendant has already been acquitted of the same offence in a previous trial, and the plea of Pardon, which asserts that the defendant has been granted a pardon for the offence charged. These examples demonstrate how a special plea in bar can prevent a defendant from being tried for a crime. If the court accepts the plea, the case will be dismissed and the defendant will be free from further prosecution for that offence.
A special plea in bar is a legal defence raised by the defendant in a civil case, asserting that the plaintiff’s claim is barred due to a specific legal reason, such as the expiration of the statute of limitations or the existence of a prior judgment on the same matter.
A special plea in bar can be raised at any stage of the civil litigation process, typically in response to the plaintiff’s complaint or during pre-trial motions.
Common grounds for raising a special plea in bar include expiration of the statute of limitations, lack of subject matter jurisdiction, lack of personal jurisdiction, res judicata (claim preclusion), collateral estoppel (issue preclusion), and failure to state a claim upon which relief can be granted.
Unlike other defences, such as denial of the plaintiff’s allegations or affirmative defences, a special plea in bar challenges the very basis of the plaintiff’s claim, asserting that it is legally invalid or barred.
If a special plea in bar is successful, the court may dismiss the plaintiff’s claim entirely, preventing them from proceeding with the case. However, the court may also allow the plaintiff an opportunity to amend their complaint or provide additional evidence to overcome the bar.
No, a special plea in bar is specific to civil cases and cannot be raised in criminal proceedings. Criminal cases have their own set of defences and procedures.
Yes, a special plea in bar can be raised in any type of civil case, including contract disputes, personal injury claims, property disputes, and more.
While it is not legally required to have an attorney, it is highly recommended to seek legal representation when raising a special plea in bar. An experienced attorney can navigate the complex legal arguments and ensure that all necessary procedures are followed.
In general, a special plea in bar should be raised before or at the beginning of the trial. However, there may be exceptional circumstances where the court allows a late-raised special plea in bar if it is in the interest of justice.
Yes, if a special plea in bar is denied by the trial court, the defendant may have the right to appeal the decision to a higher court. However, the availability and procedures for appeal may vary depending on the jurisdiction and specific circumstances of the case.
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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