REPLICATION
replication (rep-l[schwa]-kay-sh[schwa]n). A plaintiff’s or complainant’s reply to a defendant’s plea or answer; REPLY(2). [Cases: Pleading 162. C.J.S. Pleading ¡ì¡ì 209, 219.]anticipatory replication. Equity pleading. In an original bill, the denial of defensive matters that the defendant might assert. ? A defendant who relies on the anticipated defense must traverse the anticipatory matter in addition to setting up the defense. [Cases: Equity 133.]
general replication. Equity pleading. A replication that consists of a general denial of the defendant’s plea or answer and an assertion of the truth and sufficiency of the bill. [Cases: Equity 207.]
replication de injuria. Common-law pleading. A traverse occurring only in the replication whereby the plaintiff is permitted to traverse the whole substance of a plea consisting merely of legal excuse, when the matter does not involve a title or interest in land, authority of law, authority of fact derived from the opposing party, or any matter of record.
¡ª Also termed replication de injuria sua propria, absque tali causa. [Cases: Pleading 179. C.J.S. Pleading ¡ì 222.]
replication per fraudem. Common-law pleading. A replication asserting that the discharge pleaded by the defendant was obtained by fraud.
special replication. Equity pleading. A replication that puts in issue a new fact to counter a new matter raised in the defendant’s plea or answer. [Cases: Equity 209.]
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