| gen. |
defences (in civil proceedings a defence may be one of the following: (i) a traverse, i.e. a formal denial of an alleged fact; (ii) a denial of the plaintiff's claim; (iii) an allegation of counterclaim; (iv) a confession and avoidance; (v) a statement of defence raising an objection in point of law to the effect that the facts alleged, even if established, do not disclose a good cause of action. In Scottish written civil pleadings, a defender lodges written defences. In the sheriff court there is an intermediate pleading, called a notice of intention to defend. In criminal matters there is no written defence; a defence is raised by the plea of not guilty. In Scottish solemn criminal procedure, there are certain special defences that require to be lodged timeously in writing: alibi, incrimination (See incriminate), insanity and self-defence. Collins Dictionary of Law Alexander Demidov) |
