Legal Definitions - aider by pleading over

Aider by pleading over is a legal term that refers to the correction of a defect in a legal pleading by the opposing party's response to the pleading without objection. This means that the objection is waived and the defect is cured.

For example, if a plaintiff files a complaint that fails to state a cause of action, the defendant may choose to answer the complaint without objecting to the defect. By doing so, the defendant has aided the plaintiff by pleading over the defect, and the defect is cured.

Another example is if a defendant files a motion to dismiss a complaint, but the plaintiff files an amended complaint before the court rules on the motion. The defendant may choose to answer the amended complaint without objecting to the motion to dismiss. By doing so, the defendant has aided the plaintiff by pleading over the defect, and the defect is cured.

These examples illustrate how aider by pleading over can be used to correct defects in legal pleadings without the need for further litigation or court intervention.