Incorporation by Reference: Requiem for a Useless Tradition
54 Pages Posted: 23 Jan 2019
Date Written: January 10, 2019
Lawyers mechanically introduce each count in a pleading with the talismanic clause of “repeat and reallege” everything said before in that 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 that must stop.
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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