sham pleading

sham pleading
Those which are inherently false and must have been known by interposing party to be untrue. Pentecostal Holiness Church, Inc. v. Mauney, Fla.App., 270 So.2d 762, 769.
A "sham pleading", subject to motion to strike (Fed.R.Civil P. 12(f)), is one that is good in form, but false in fact, and not pleaded in good faith. Scott v. Meek, 228 S.C. 29, 88 S.E.2d 768, 769.
A pleading is "sham" only when it is so clearly false that it does not raise any bona fide issue. Fontana v. Town of Hempstead, 219 N.Y.S.2d 383, 384.
Pleading may be stricken as "sham" when its allegations appear false on the face of the pleading. Kashmir Corp. v. Nelson, 37 Or.App. 887, 588 P.2d 133, 136

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • sham pleading — see pleading 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. sham pleading n …   Law dictionary

  • sham pleading — Allegations pleaded in bad faith. A pleading which is false in fact to the knowledge of the pleader, whatever it may be in form. 41 Am J1st Pl § 50. A pleading palpably and manifestly false on its face. Commonwealth ex rel. Meredith v Murphy, 295 …   Ballentine's law dictionary

  • pleading — plead·ing n 1 a: one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses; also: a written document embodying such a… …   Law dictionary

  • sham — 1 / sham/ n: something that is false, deceptive, misleading, or otherwise not genuine sham 2 adj: not genuine: intended to mislead or deceive: false illusory the sale for one dollar was a sham transfer of property Merriam Webster’s Dictionary of… …   Law dictionary

  • sham answer — See sham pleading …   Ballentine's law dictionary

  • sham defense — See sham pleading …   Ballentine's law dictionary

  • false pleading — A pleading good in form but sham for want of good faith in making the allegations. 41 Am J1st Pl § 50. See sham pleading …   Ballentine's law dictionary

  • striking pleading — A remedy against immaterial, irrelevant, redundant, scandalous and impertinent matter in a pleading. 41 Am J1st Pl §§ 349 et seq. A remedy against a pleading considered as a whole, as where the pleading is sham or frivolous or is clearly and… …   Ballentine's law dictionary

  • pleadings — The formal allegations by the parties to a lawsuit of their respective claims and defenses, with the intended purpose being to provide notice of what is to be expected at trial. Rules or Codes of Civil Procedure. Unlike the rigid technical system …   Black's law dictionary

  • answer — As a verb, the word denotes an assumption of liability, as to answer for the debt or default of another. Discovery. A person who fails to answer, or answers evasively or incompletely, deposition or interrogatory questions, may be compelled to do… …   Black's law dictionary

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