Key Takeaways

  • In law, traverse means a formal denial of allegations, usually in pleadings or indictments.
  • The term applies both to delaying a trial and to denying claims presented by the opposing party.
  • Traverses can be general, special, or common, each carrying different procedural effects.
  • A traverse upon a traverse is generally not permitted if the first traverse is material, to avoid endless pleading cycles.
  • Traverses appear in both civil and criminal law contexts, including garnishment cases, indictments, and pleadings.
  • Special traverses include inducement (introducing new matter) and absque hoc (the direct denial).

TRAVERSE

This is a technical term, which means to turnover: it is applied to an issue taken upon an indictment for a misdemeanor, and means nothing more than turning over or putting off the trial to a following sessions or assize; it has, perhaps with more propriety, been applied to the denying or taking issue upon an indictment, without reference to the delay of trial pleading. This term, from the French traverser, signifies to deny or controvert anything which is alleged in the declaration, plea, replication or other pleadings. There is no real distinction between traverses and denials, they are the same in substance however, a traverse, in the strict technical meaning, and more ordinary acceptation of the term, signifies a direct denial in formal words, "without this that," etc.

All issues are traverses, although all traverses cannot be said to be issues, and the difference is this; issues are where one or more facts are affirmed on one side, and directly and merely denied on the other; but special traverses are where the matter asserted by one party is not directly and merely denied or put in issue. by the other, but he alleges some new matter or distinction inconsistent with what is previously stated, and then distinctly excludes the previous statement of his adversary. The new matter so alleged is called the inducement to the traverse, and the exclusion of the previous statement, the traverse itself.

Traverse in Civil and Criminal Law

The traverse legal meaning varies depending on context. In civil law, a traverse is typically used in pleadings when a defendant denies an allegation made by the plaintiff, either in whole or in part. This denial forces the matter to trial, where the parties must prove their claims or defenses. In criminal law, a traverse can appear in indictments or misdemeanor proceedings. For instance, when a defendant disputes the facts alleged by the prosecution, entering a traverse compels the state to prove those facts beyond a reasonable doubt.

Traverses are also seen in garnishment proceedings, where a defendant challenges the validity of a garnishment order. In such cases, the traverse serves as a safeguard to ensure that a person’s property or wages are not wrongfully withheld.

Traverse Upon a Traverse

A traverse upon a traverse is one growing out of the same point, or subject matter, as is embraced in a preceding traverse on the other side. It is a general rule, that a traverse, well tendered on one side, must be accepted on the other. And hence it follows, as a general rule, that there cannot be a traverse upon a traverse, if the, first traverse is material. The meaning of the rule is, that when one party has tendered a material traverse, the other cannot leave it and tender another of his own to the same point upon the inducement of the first traverse, but must join in that first tendered; otherwise the parties might alternately tender traverses to each other, in unlimited succession, without coming to an issue.

In cases where the first traverse is immaterial, there may be a traverse upon a traverse. And where the plaintiff might be ousted of some right or liberty the law allows him, there may be a traverse upon a traverse, although the first traverse include what is material.

Types of Traverses

Traverses may be divided into general traverses, and special traverses. There is a third kind called a common traverse.

General vs. Special Traverses in Detail

A general traverse is a broad denial of allegations without providing new facts. It simply contradicts the opponent’s claim, putting the matter in issue for trial. By contrast, a special traverse is more structured. It has three parts:

  1. Inducement – the introduction of new matter inconsistent with the opponent’s claim.
  2. Absque hoc – the direct denial, usually phrased as “without this that…” to exclude the opponent’s allegation.
  3. Verification – confirming the truth of the new matter asserted.

A common traverse falls between these two forms, operating as a simplified denial often used in routine pleadings.

Importance of a Traverse in Pleadings

Understanding traverse legal meaning is crucial because traverses form the foundation of issues at trial. Without a traverse, allegations may be deemed admitted, preventing a party from contesting them later. A well-drafted traverse ensures that disputed facts are preserved for the court to decide.

In addition, traverses serve to clarify legal disputes. By drawing precise lines between admitted and contested facts, traverses help narrow the trial to the true matters of contention. This makes them essential for efficiency and fairness in both civil and criminal litigation.

Frequently Asked Questions

  1. What does traverse mean in legal terms?
    In law, a traverse is a formal denial of allegations made by the opposing party, commonly found in pleadings and indictments.
  2. What is the difference between a general and special traverse?
    A general traverse denies allegations broadly, while a special traverse introduces new matter and specifically excludes the opponent’s statement.
  3. Can there be a traverse upon a traverse?
    Generally no, unless the first traverse is immaterial. Otherwise, parties must join issue on the first traverse to avoid endless pleading.
  4. How is a traverse used in criminal law?
    In criminal proceedings, a traverse allows a defendant to dispute allegations in an indictment, requiring the prosecution to prove the facts.
  5. Why is a traverse important in pleadings?
    It ensures contested facts are formally denied, preserves issues for trial, and prevents allegations from being treated as admitted.

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