alternative pleading


alternative pleading
A form of pleading which was formerly prohibited but now recognized under Federal and state Rules of by which the pleader sets forth two or more statements by way of claim or defense which are not necessarily consistent with each other. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements.
See Fed.R.Civil P. 8(eX2)

Black's law dictionary. . 1990.

Look at other dictionaries:

  • alternative pleading — see pleading 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. alternative pleading …   Law dictionary

  • Alternative pleading — permits a party in a court action to argue multiple possibilities that may be mutually exclusive. It is a legal fiction. A pleading in the alternative sets forth multiple claims or defenses either hypothetically or alternatively, such that if one …   Wikipedia

  • alternative pleading — noun a pleading that alleges facts so separate that it is difficult to determine which facts the person intends to rely on • Syn: ↑pleading in the alternative • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑pleading …   Useful english dictionary

  • pleading — plead·ing n 1 a: one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses; also: a written document embodying such a… …   Law dictionary

  • alternative — al·ter·na·tive 1 /ȯl tər nə tiv, al / adj 1: alternate (1) 2: offering or expressing a choice an alternative contract see also alternative pleading at …   Law dictionary

  • Pleading — In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion. By stating what claims and defences are at issue, pleadings establish… …   Wikipedia

  • pleading in the alternative — noun a pleading that alleges facts so separate that it is difficult to determine which facts the person intends to rely on • Syn: ↑alternative pleading • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑pleading …   Useful english dictionary

  • alternative writ of mandamus — A writ, issued by the court in the beginning of a mandamus proceeding under older practice, which corresponds to a common law declaration or to a complaint or petition in an ordinary action and usually deemed to be the first pleading in the cause …   Ballentine's law dictionary

  • prayer in the alternative — A prayer in a pleading by a plaintiff in doubt as to the specific relief to which he is entitled, being in the alternative, so that if one kind of relief be denied, another may be granted, each kind being consistent with the case made by the… …   Ballentine's law dictionary

  • pleadings — The formal allegations by the parties to a lawsuit of their respective claims and defenses, with the intended purpose being to provide notice of what is to be expected at trial. Rules or Codes of Civil Procedure. Unlike the rigid technical system …   Black's law dictionary


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