Chapter

Pleading

Sir John Baker

in The Oxford History of the Laws of England

Published in print September 2003 | ISBN: 9780198258179
Published online March 2012 | e-ISBN: 9780191681806 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258179.003.0018

Series: The Oxford History of the Laws of England Series isbn 0-19-961352-4

Pleading

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This chapter examines the process of pleading an action in the judicial system in England during the Tudor period. This period witnessed the evolution of pleading from an oral process conducted in open court to an exchange of papers. This change occurred sometime between the 15th and 16th centuries, and evidence indicates that oral discussion of pleadings had already been forbidden by the middle of the 17th century. Under the oral system, the pleadings were recited in French by counsel between the various stages of the pleading.

Keywords: pleading; judicial proceeding; oral system; judicial history; exchange of papers; French

Chapter.  9126 words. 

Subjects: History of Law

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