Special plea
A plea that raises a separate legal defence or preliminary issue that may dispose of or limit the claim before the main merits are decided.
Definition
A special plea can raise issues such as jurisdiction, prescription, res judicata, lis pendens, non-joinder, or another defence that should be decided separately or first. The practical review should compare the summons, particulars of claim, plea, relevant documents, dates, prior proceedings, parties, and whether evidence is needed for the special plea.
In a South African legal context, special plea should not be treated as an isolated dictionary word. It usually sits inside a broader civil procedure process, and that process can affect what documents are needed, which deadlines matter, and what next step is sensible.
Key takeaways
A plea that raises a separate legal defence or preliminary issue that may dispose of or limit the claim before the main merits are decided.
Civil Procedure
Book Civil Procedure Lawyer
How it applies
Special plea often matters when a person is dealing with Special defence, Prescription defence, and Jurisdiction challenge. The term can shape how the problem is described, which facts matter, and what evidence should be gathered.
Related resources such as Court Process Timeline Map, Civil Litigation Consultation Pack, and Litigation Checklist help turn the concept into a practical preparation path before a consultation or formal step.
Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Special defence
Special defence where the person needs to understand how special plea affects the next legal step.
Prescription defence
Prescription defence where the person needs to understand how special plea affects the next legal step.
Jurisdiction challenge
Jurisdiction challenge where the person needs to understand how special plea affects the next legal step.
Next steps
What usually happens next
Start by using the definition and related questions on this page to place the issue inside the correct civil procedure pathway.
Use the related resource path for Court Process Timeline Map, Civil Litigation Consultation Pack, and Litigation Checklist to prepare documents, dates, facts, or questions before speaking to a lawyer or firm.
When the matter is urgent, disputed, document-heavy, or deadline-sensitive, move from research into lawyer discovery through Civil Litigation Lawyers Johannesburg or compare support through Litigation Firms.
Related resources
Resources and guides
Court Process Timeline Map
Process resource for summons, notices, pleadings, hearings, judgment, and enforcement milestones.
Civil ProcedureClient Document PackCivil Litigation Consultation Pack
Prepare a civil procedure document pack by organising identity, authority, core matter records, official records, correspondence, financial records, deadline notes, and fee questions.
Civil ProcedureChecklistLitigation Checklist
Litigation Checklist for preparing documents, facts, dates, and questions connected to civil procedure.
Civil ProcedureFAQs
Special plea FAQs
What is a special plea?
What is a special plea starts with the definition above, but the practical meaning depends on where it appears in the civil procedure process. Use the related Replication term, resources, and lawyer searches to understand the next step.
How is it different from a plea on the merits?
How is it different from a plea on the merits depends on the facts, the documents involved, and where the matter sits in the civil procedure process, especially where it relates to special defence. Start with the definition above, then use the related terms and resources to understand the next step.
What issues can be raised separately?
What issues can be raised separately starts with the definition above, but the practical meaning depends on where it appears in the civil procedure process. Use the related Replication term, resources, and lawyer searches to understand the next step.
What documents should be compared?
What documents should be compared depends on the facts, risk, documents, and the stage of the civil procedure process. Use Court Process Timeline Map to prepare, then consider whether lawyer or firm support is needed.
Find legal help
Lawyers and firms
Need help with civil procedure?
Use this term as context, then compare relevant lawyers or law firms for your next step.