Also known as: in like manner
Written by attorneys · grounded in primary & secondary sources — see below
A form of words in common-law pleading by which a party accepts or joins in an issue of fact tendered by the other side.
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In a common-law action, the defendant denied that presentment had occurred within the required period. The plaintiff filed a similiter accepting the factual issue of timing and the case proceeded to trial on that issue.
The defendant answered that the estate's condition prevented partition. The plaintiff filed a similiter joining the factual issue of whether the condition barred sale and the pleadings closed.
The seller answered that the buyer's conduct constituted acceptance. The buyer filed a similiter joining the factual issue of revocation timing and the case moved forward on that point.
The government answered that electors had been properly appointed. The challenger filed a similiter accepting the factual issue of appointment and the pleadings were thereby closed.
The co-tenant answered that the fee tail form barred partition. The petitioner filed a similiter joining the factual issue of the estate's incidents and the matter proceeded to hearing.
The judgment debtor answered that the judgment had not become final. The judgment creditor filed a similiter joining the factual issue of finality and the case advanced on that point.
A party accepts the opponent's tendered issue of fact and joins the pleadings so the case proceeds to trial on that issue.
Supporting sources
Modern rules of civil procedure have replaced formal common-law pleadings with complaints, answers, and replies, so the specific form of similiter is largely obsolete.
Supporting sources
A similiter specifically joins the precise issue tendered rather than denying all allegations, thereby narrowing the dispute to the accepted factual question.
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…in any translation the content is clear: "I will give no deadly medicine to anyone if asked, nor suggest any such counsel; and in like manner I will not give to a woman a pessary to produce abortion,"[^maj-14] or "I will neither give a deadly drug to anybody if asked for it, nor will I make a suggestion to this effect. Similarly,…