A special traverse is a legal pleading in which one party denies a specific fact alleged by the opposing party, providing an explanation or qualification of the denial. It consists of an introduction, the denial, and a verification. This differs from a general traverse, which denies all the facts in the opposing party’s pleading, and a common traverse, which denies a specific fact and includes a formal offer for decision of the point denied.
A special traverse is a specific type of legal pleading that challenges the accuracy of one particular claim made by the opposing party in a common law case. It is used to deny a specific fact while admitting to other aspects of the case. For instance, if one party alleges that the other party breached a contract, the opposing party can file a special traverse to deny the breach but acknowledge that they did not fulfil one specific aspect of the contract. This differs from a general traverse, which denies all the facts in the opponent’s argument, and a common traverse, which denies a specific fact but also includes a formal offer for decision on the disputed point. In summary, a special traverse allows a party to dispute the accuracy of a specific claim while still accepting other elements of the case.
A special traverse is a legal term used to describe a specific type of defence strategy in a criminal case. It involves challenging the accuracy or validity of the evidence presented by the prosecution.
A special traverse can be used when there are doubts about the authenticity or reliability of the evidence presented by the prosecution. It is typically employed to challenge the admissibility of certain evidence or to dispute the chain of custody.
A special traverse works by presenting evidence or arguments that cast doubt on the accuracy or reliability of the prosecution’s evidence. This can involve questioning the collection, handling, or preservation of the evidence, or challenging the credibility of the witnesses involved.
If a special traverse is successful, the court may rule that the challenged evidence is inadmissible. This can weaken the prosecution’s case and potentially lead to a dismissal of charges or a favorable plea bargain for the defendant.
No, a special traverse is typically used in criminal cases to challenge the prosecution’s evidence. In civil cases, different legal strategies and defences are employed.
While a special traverse is not as commonly used as other defence strategies, it can be an effective tool in certain cases where there are legitimate concerns about the evidence presented by the prosecution.
Yes, a special traverse can be used for any type of criminal charge where there are doubts about the accuracy or reliability of the evidence. It is not limited to specific types of offenses.
A special traverse can be used both during pre-trial motions and during trial. It is often employed during pre-trial motions to challenge the admissibility of evidence, but it can also be raised during trial if new evidence or arguments arise.
The success of a special traverse depends on the specific circumstances of the case and the strength of the arguments presented. While it can be a powerful defence strategy, there is no guarantee of success.
Yes, it is highly recommended to consult with an experienced criminal defence attorney before considering a special traverse or any other defence strategy. An attorney can assess the merits of your case, guide you through the legal process, and provide the best possible defence.
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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