Understanding Special Plea in Error: Legal Insights and Implications
Definition & Meaning
A special plea in error is a legal argument used in common law. It asserts that there is an external reason that should prevent a writ of error from being considered valid. This could include issues like the expiration of the time limit for bringing an error. The party appealing, known as the plaintiff in error, must respond to this plea by either replying or demurring, which means challenging the plea's validity.
Legal Use & context
This term is primarily used in appellate law, which deals with the review of lower court decisions. A writ of error is issued by an appellate court to request the record of a case for review. Special pleas in error are relevant in civil and criminal cases where a party seeks to overturn a judgment. Users can manage related procedures using legal templates from US Legal Forms, which are designed by attorneys to assist with these processes.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A defendant in a criminal case receives a judgment against them. They file a writ of error, but the opposing party raises a special plea in error, claiming that the appeal was filed after the deadline. This plea could lead to the dismissal of the appeal.
Example 2: A civil plaintiff seeks to appeal a ruling. The defendant files a special plea in error, alleging that the plaintiff did not follow proper procedural rules, which could invalidate the appeal. (hypothetical example)