Key Takeaways

  • In pleading, the replication is the plaintiff’s reply to new defensive matter raised by the defendant; it is a defensive pleading used to deny or avoid that new matter.  
  • A replication is not always required: many jurisdictions treat a simple denial as impliedly joined without a reply; courts may order a reply for clarity; a reply to a counterclaim is often necessary.  
  • When permitted, replications fit into classic categories: (1) estoppel, (2) denial/traverse, (3) confession-and-avoidance, and (4) new assignment.
  • Common pitfalls: filing a replication that merely repeats denials, trying to introduce foundational new facts, using a replication instead of amending the pleading, or taking inconsistent positions.
  • Terminology varies: replication (plaintiff’s reply) vs rejoinder (defendant’s answer to the replication); some courts use “rejoinder” loosely to mean any reply, but technically they are distinct. 

Replications will be considered:

  1. With regard to their several kinds.
  2. To their form.
  3. To their qualities.

Kinds of Replications

They are to pleas in abatement and to pleas in bar.

  1. When the defendant pleads to the jurisdiction of the court, the plaintiff may reply, and in this case the replication commences with a statement that the writ ought not to be quashed, or that the court ought not to be ousted of their jurisdiction, because etc., and concludes to the country, if the replication merely deny the subject-matter of the plea. As a general rule, when the plea is to the misnomer of the plaintiff or defendant, or when the plea consists of matter of fact which the plaintiff denies, the replication may begin without any allegation that the writ or bill ought not to be quashed.
  2. The replication is, in general, governed by the plea, and most frequently denies it. When the plea concludes to the country, the plaintiff must, in general, reply by adding a similiter; but when the plea concludes with a verification, the replication must either:
    1. Conclude the defendant by matter of estoppel.
    2. May deny the truth of the matter alleged in the plea, either in whole or in part.
    3. May confess and avoid the plea.
    4. In the case of an evasive plea, may new assign the cause of action.

Replication vs. Rejoinder (and Later Pleadings)

  • Precise meanings. Replication = plaintiff’s answer to the defendant’s plea; rejoinder = defendant’s answer to the replication.
  • Loose usage cautions. Some decisions (e.g., in India) use rejoinder loosely to refer to a plaintiff’s reply; technically that filing is a replication, and the next defense pleading is the rejoinder.
  • Pleading family. Replication sits within the broader family of pleadings—formal statements of a party’s case.

When a Replication Is Required vs. Dispensable

  • Purpose and trigger. A replication is a purely defensive pleading used to deny or avoid new matter raised in the plea/answer; if the answer sets up no new matter, no replication is needed.
  • Implied joinder. If the plaintiff serves no reply, many systems treat the issues as impliedly joined on the defense.
  • Court-ordered replies. Under codes/practice acts, courts may order a reply to clarify affirmative defenses and prevent surprise.
  • Counterclaims. A reply to a counterclaim is generally necessary (subject to local rules).
  • Where unknown or restricted. In some jurisdictions a replication is unknown or not permitted unless a statute or order allows it; an unauthorized reply may be treated as a nullity (except as an admission).

Form of a Replication

The form of the replication will be considered with regard to:

  1. The title.
  2. The commencement.
  3. The body.
  4. The conclusion.

Title

The replication is usually entitled in the court and of the term of which it is pleaded, and the names of the plaintiff and defendant are stated in the margin, thus "A B against C D."

Commencement

The commencement is that part of the replication which immediately follows the statement of the title of the court and term, and the names of the parties. It varies in form when it replies to matter of estoppel from what it does when it denies, or confesses and avoids the plea; in the latter case, it commences with an allegation technically termed the preclude non. It generally commences with the words, "And the said plaintiff saith that the said defendant," etc.

Body

The body of the replication ought to contain either:

  1. Matter of estoppel. When the matter of estoppel does not appear from the anterior pleading, the replication should set it forth; as, if the matter has been tried upon a particular issue in trespass, and found by the jury, such finding may be replied as an estoppel.
  2. Denial of the plea. The second kind of replication is that which denies or traverses the truth of the plea, either in part or in whole.
  3. A confession and avoidance of it. The third kind of replication admits, either in words or in effect, the fact alleged in the plea, and avoids the effect of it by stating new matter. If, for example, infancy be pleaded, the plaintiff may reply that the goods were necessaries, or that the defendant, after he came of full age, ratified and confirmed the promise.
  4. In case of an evasive plea, a new assignment. When the plea is such as merely to evade the allegation in the declaration, the plaintiff in his replication may reassign it.

Conclusion

With regard to the conclusion, it is a general rule, that when the replication denies the whole of the defendant's plea, containing matter of fact, it should conclude to the country.

Confession-and-Avoidance: Practical Examples

  • Infancy: If the defense pleads infancy, a replication may admit infancy but avoid it by alleging the goods were necessaries, or that the defendant later ratified the promise on reaching full age.
  • New assignment: If the plea merely evades the declaration, the plaintiff may reassign the cause of action.

Timing, Leave, and Structural Checklist

  • Time to reply. Some rules provide a short window (e.g., 14 days from service of the defense) to deliver a reply; if none is served, the law may imply joinder of issue.
  • Leave for later pleadings. “No pleading subsequent to reply may be served without leave of court.”
  • Four essential parts (quick check):
    1. Title (court/term; parties, e.g., “A B against C D”).
    2. Commencement (often begins “And the said plaintiff saith that the said defendant…”; use preclude non when confessing/avoiding).
    3. Body (choose one: estoppel; denial/traverse; confession-and-avoidance; or new assignment).
    4. Conclusion (if denying the entire factual plea, conclude to the country).
  • If you need help tailoring the structure or deciding whether to reply, you can find an attorney on UpCounsel.

Qualities of a Replication

The qualities of a replication are:

  1. That it must answer so much of the defendant's plea as it professes to answer, and that if it be bad in part, it is bad for the whole.
  2. It must not depart from the allegations in the declaration in any material matter. It must be single.

Jurisdictional Notes (Common-Law vs. Code/CPC Systems)

  • Common-law baseline: Where a plea introduces new matter and concludes with verification, a replication may be required; a replication to a plea that merely traverses allegations is improper.
  • Code/Practice Acts: Many codes make a reply unnecessary unless the court orders; some jurisdictions do not recognize replication at all or restrict it by statute. 

Common Errors That Lead to Striking a Replication

  • Mere denial needs no replication; rely on implied traverse/joinder unless the court orders a reply.
  • Not a substitute for amendment: do not use subsequent pleadings to add what belongs in the original pleading.
  • No inconsistency: you cannot introduce a plea inconsistent with your original position.
  • No foundational new facts: don’t try to add essential elements of your cause of action for the first time by replication. 

Frequently Asked Questions

  1. What is the replication meaning in law?
    It’s the plaintiff’s reply to new matter raised in the defendant’s plea/answer, used to deny or avoid that matter.  
  2. When must I file a replication?
    When rules or a court order require it (e.g., to address an affirmative defense), or to answer a counterclaim; otherwise it’s often unnecessary.
  3. What if I don’t reply?
    In many systems, no reply means the issues are impliedly joined on the defense and the case proceeds to proof.
  4. How is a rejoinder different?
    A rejoinder is the defendant’s answer to the plaintiff’s replication; some cases use the term loosely, so be precise in drafting.
  5. What are the classic kinds of replication?
    (1) Estoppel, (2) Denial/Traverse, (3) Confession-and-Avoidance, and (4) New Assignment—choose the one that fits the defense raised.

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