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NeCede's

Maxim 8.7.9

When the order of pleading is observed, the law is observed.

Quando ordo placitandi servatur, lex servatur.

Source: Co. Litt. 303a; Broom, Max. 188; Weisman, 87n Difficulty 2/5 — Approachable

Explanation

Procedural regularity is not a formality but a safeguard — when the prescribed sequence of pleading is followed, each party's rights are preserved.

Where this applies

  • The complaint was filed before the answer, the answer before the reply — proper order was followed.
  • Following the correct sequence of pleading ensures both parties' rights are protected.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 8.7.9 — When the order of pleading is observed, the law is observed. — Co. Litt. 303a; Broom, Max. 188; Weisman, 87n (Quando ordo placitandi servatur, lex servatur.)

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