Incorporation by Reference: Requiem for a Useless Tradition
52 Pages Posted: 23 Jan 2019 Last revised: 3 Feb 2019
Date Written: February 1, 2019
Lawyers mechanically introduce each count in a pleading with the talismanic clause of “repeat and reallege” everything said before in the same pleading. This medieval practice made sense in the formalistic common-law pleading of the sixteenth century but has no place in modern pleadings.
This article traces the origin of the practice, demonstrates that it is not used in any other country, and argues that it is an empty tradition with no basis in the law.
Note: Comments are welcome until January 31st, 2018.
Keywords: incorporation by reference, common law pleading, code pleading, pleading, repeat and reallege
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