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joinder of issue

n. that point in a lawsuit when the defendant has challenged (denied) some or all of plaintiff's allegations of facts, and/or when it is known which legal questions are in dispute. This is stated in the expression: "the issue is joined," in the same manner as a military man would say: "the battle has been joined," meaning the fight is underway. Thus, the pre-trial legal underbrush has been cleared away, the motions made, and the pre-trial discovery (depositions, requests for documents, written questions and answers, and other demands for information) sufficiently completed, all of which makes clear what matters are to be decided by trial.




The People's Law Dictionary by Gerald and Kathleen Hill Publisher Fine Communications