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Encyclopedia > General denial

In pleading, a general denial is a denial that relates to all allegations which are not otherwise pleaded to. Many legal systems provide that in a statement of defence, any allegation made by the plaintiff which is not traversed (ie. specifically denied or "not-admitted") is deemed to have been admitted by the defendants. Accordingly, it became common practice to add a general denial at the end of a statement of defence to make sure that nothing was accidentally admitted in this fashion. In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ...


In English law, a general denial was a relatively common feature of pleading up until the mid-1990s, when the General Council of the Bar, through the Inns of Court School of Law, began teaching students that it should not be done except in pleadings of unusual lenght and complexity, and although it is still seen today, it is much less common. English law is a formal term of art that describes the law for the time being in force in England and Wales. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...


In English law, the usual form of general denial was normally phrased:

"Except as hereinbefore expressly admitted or not-admitted, each and every paragraph of the statement of claim is denied as if set our herein seriatim."

  Results from FactBites:
 
OSCN Found Document:CALDWELL Ex'x v. BAXTER et al. (5070 words)
In all actions, allegations of the execution of written instruments shall be taken as true unless the denial of the same be verified by the affidavit of the party, his agent or attorney.
It was the intent of section 287, C. 1921, to require a specific allegation of the execution of the instrument and a verification denying the execution of the instrument pleaded to avoid an admission of the same.
In fact, she verifies that she denies no fact, and a general denial such as attempted to be pleaded in the case at bar, in conjunction with the verification, constitutes no denial of the fact of the execution of the note pleaded in the petition.
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