Legal Definitions - jeofail

Jeofail (jef-ayl), n. [from French j'ay faillé] is an old-fashioned legal term that refers to a mistake or oversight made in a legal pleading that results in a misjoined issue. This mistake requires the party to file a new pleading, known as a repleader. It can also refer to the acknowledgment of such an error.

Example 1: In a lawsuit, the plaintiff's lawyer mistakenly names the wrong defendant in the complaint. This is a jeofail, and the plaintiff will need to file a repleader to correct the mistake.

Example 2: A defendant fails to respond to a lawsuit within the required time frame, resulting in a default judgment against them. If the defendant later acknowledges their mistake and seeks to have the judgment overturned, they may refer to their initial failure to respond as a jeofail.

These examples illustrate how a jeofail can occur in legal proceedings and the consequences that can result from such a mistake. It is important for lawyers and litigants to carefully review their pleadings to avoid jeofails and other errors that can delay or complicate the legal process.