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Joinder of issue |
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joinder of issue n. that point in a lawsuit when the defendant has challenged (denied) some or all of plaintiff's allegations of facts, and/or when it is known which legal questions are in dispute. This is stated in the expression: "the issue is joined," in the same manner as a military man would say: "the battle has been joined," meaning the fight is underway. Thus, the pre-trial legal underbrush has been cleared away, the motions made, and the pre-trial discovery (depositions, requests for documents, written questions and answers, and other demands for information) sufficiently completed, all of which makes clear what matters are to be decided by trial. JOINDER OF ISSUE, pleadings. The act by which the parties to a cause arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it. For example, when one party denies the fact pleaded by his antagonist, who has tendered the issue thus, "And this he prays may be inquired of by the country," or, "And of this he puts himself upon the country," the party denying the fact may immediately subjoin, "And the said A B does the like;" when the issue is said to be joined. |
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Even if a case does not settle prior to trial, joinder of issue is critical for effective and efficient management of cases and section 482 cases in particular. |
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