traverse

In common law pleading, a traverse signifies a denial. Thus, where a defendant denies any material allegation of fact in the plaintiffs declaration, he is said to traverse it, and the plea itself is thence frequently termed a "traverse."

See also denial

@ common traverse

A simple and direct denial of the material allegations of the opposite pleading, and without inducement or absque hoc.

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Criminal practice.

To put off or delay the trial of an indictment until a succeeding term. More properly, to deny or take issue upon an indictment. 4 Bl.Comm. 351.

@ general traverse

One preceded by a general inducement, and denying in general terms all that is last before alleged on the opposite side, instead of pursuing the words of the allegations which it denies.

@ special traverse

A peculiar form of traverse or denial, the design of which, as distinguished from a common traverse, is to explain or qualify the denial, instead of putting it in the direct and absolute form. It consists of an affirmative and a negative part, the first setting forth the new affirmative matter tending to explain, or qualify the denial, and technically called the "inducement," and the latter constituting the direct denial itself, and technically called the "absque hoc."

@ traverse jury

A petit jury; a trial jury; a jury impaneled to try an action or prosecution, as distinguished from a grand jury.

See jury

@ traverse of indictment or presentment

The taking issue upon and contradicting or denying some chief point of it

@ traverse of office

The proving that an inquisition made of lands or goods by the escheator is defective and untruly made. It is the challenging, by a subject, of an inquest of office, as being defective and untruly made

@ traverse upon a traverse

One growing out of the same point or subject-matter as is embraced in a preceding traverse on the other side.

@ traverser

In pleading, one who traverses or denies. A prisoner or party indicted; so called from his traversing the indictment

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