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Rebutter

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In Common-Law Pleading, the response made by a defendant to a plaintiff's surrejoinder, which rebuts earlier denials made by the defendant.

The making of a rebutter occurs in the third round of the series of pleadings made by the parties. First, there is the plaintiff's declaration which is countered by the defendant's plea. Next, the plaintiff makes a replication which is answered by the defendant in his or her rejoinder. In the third stage of Pleading, the plaintiff makes a surrejoinder to which the defendant responds by use of the rebutter.


REBUTTER, pleadings. The name of the defendant's answer to the plaintiff's surrejoinder. It is governed by the same rules as the rejoinder. (q.v.) 6 Com. Dig. 185.



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