Legal Definitions - aider by subsequent pleading

Definition: Aider by subsequent pleading is a legal term that refers to the correction of a defect in a pleading by an adversary's answer. This happens when the answer admits or refers to a material fact or allegation that was not mentioned in the original pleading. It can also occur when the answer shows the correct basis for the plaintiff's pleading. This process is also known as express aider.

Example: Let's say that a plaintiff files a complaint against a defendant, but the complaint fails to include a crucial detail. The defendant files an answer that admits to the missing detail, which then cures the defect in the plaintiff's pleading. This is an example of aider by subsequent pleading.

Explanation: In this example, the defendant's answer helps to correct the plaintiff's mistake by admitting to the missing detail. This admission then cures the defect in the plaintiff's pleading, allowing the case to proceed. Aider by subsequent pleading is an important legal concept because it allows for the correction of errors in pleadings, which can help to ensure that cases are decided on their merits.