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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