Also known as: without this
Written by attorneys · grounded in primary & secondary sources — see below
An archaic common-law pleading phrase used to introduce a formal denial of allegations in a traverse. The phrase signals that the pleader contests the truth of the preceding averments.
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Anchor Bank filed articles claiming authority to locate offices outside the state under Model Bus. Corp. Act § 3.02(j). Aether Technologies answered with a traverse that began absque hoc and denied any such extraterritorial power had been exercised. The court treated the denial as properly raising the factual issue for trial.
Adam Anderson alleged that Alliance Holdings held property subject to a prior judgment lien. Alliance Holdings replied with a pleading that opened absque hoc and denied the lien attached to after-acquired assets. The traverse forced the plaintiff to prove the timing of the judgment relative to the purchase-money mortgage.
Angela Acosta asserted that filing fees blocked her divorce petition. The state responded with an answer beginning absque hoc that denied any unconstitutional barrier existed under the circumstances. The court set the matter for hearing on whether alternatives to payment were available.
Alan Ackerman claimed the city awarded a construction contract on racial grounds. The city answered absque hoc and denied that its selection process used impermissible classifications. The denial placed the burden on the plaintiff to show the program failed narrow tailoring.
Amelia Amari objected that the defendant struck jurors on account of race. The defendant filed a traverse that opened absque hoc and denied any discriminatory motive in exercising peremptory challenges. The court required the defendant to articulate race-neutral reasons at the hearing.
Aaron Adams challenged a ban on possessing handguns in the home. The district answered with a pleading commencing absque hoc that denied the Second Amendment protected the conduct at issue. The traverse framed the historical analysis for the court's review.
It introduces a formal denial of the allegations that precede it in the opposing party's pleading. The phrase signals that the pleader contests those averments and puts the opponent to proof.
Supporting sources
No. The phrase is archaic and has been replaced by general or specific denials under contemporary rules of civil procedure.
Supporting sources
A simple denial that the facts alleged are true, without the Latin introductory phrase.
Supporting sources
…that he has the right to consult with an attorney, but also that if he is indigent a lawyer will be appointed to represent him. Without this additional warning, the admonition of the right to consult with counsel would often be understood as meaning only that he can consult with a lawyer if he has one or has the funds to obtain…