History, Systems and Functions of Pleading

Charles E. Clark
1925 Virginia law review  
ceivably this may be done in several ways. Perhaps the simplest is a process of direct questioning of the parties by the arbitrator or judge. Another method is the exchange of written statements in advance of a direct hearing of the parties. Under our Anglo-American system of legal procedure we are committed by tradition and history, by present practice and, probably, by general inclination, except in exceptional cases, to the latter method.-Our system calls for the development of issues by the
more » ... nt of issues by the parties themselves in formal manner in advance of the actual trial. This is accomplished by requiring the serving on the opposing party or the filing in court alternately by the parties of pleadingswritten instruments wherein are set forth the statements and contentions of each as to the points and facts in dispute. These pleadings are to be distinguished from the lawyer's oral argument or "plea" made to the court or jury at the trial of the case.' Originally tinder the common law system *This article will appear as the first chapter of a forthcoming book on Code Pleading and is here published through the courtesy of the West Publishing Co.
doi:10.2307/1065579 fatcat:y6q4oakdjrgmvhsjn3rwygihga