Legal Definitions - surrejoinder

Definition: Surrejoinder is a term used in common-law pleading. It refers to the plaintiff's response to the defendant's rejoinder. In other words, it is the plaintiff's answer to the defendant's reply to the plaintiff's original claim.

For example, if a plaintiff sues a defendant for breach of contract, the defendant may file a response called a "rejoinder" that disputes the plaintiff's claims. The plaintiff can then file a "surrejoinder" to respond to the defendant's rejoinder.

The common-law system of pleading allows for a series of back-and-forth responses between the parties involved in a lawsuit. After the plaintiff files a complaint, the defendant can file an answer. The plaintiff can then file a reply to the defendant's answer, and the defendant can file a rejoinder to the plaintiff's reply. Finally, the plaintiff can file a surrejoinder to the defendant's rejoinder.

Example: In a lawsuit over a car accident, the plaintiff claims that the defendant was at fault for the accident and seeks damages for their injuries. The defendant files an answer denying fault and arguing that the plaintiff was actually responsible for the accident. The plaintiff files a reply to the defendant's answer, providing evidence to support their original claim. The defendant then files a rejoinder, arguing that the evidence provided by the plaintiff is insufficient. Finally, the plaintiff files a surrejoinder, responding to the defendant's arguments and providing additional evidence to support their claim.

This example illustrates how the surrejoinder is a part of the common-law system of pleading, which allows for a structured process of back-and-forth responses between the parties involved in a lawsuit.