Close of pleadings
Pleadings are considered closed if-
- either party has joined issue without alleging any new matter, and without adding any further pleading;
- the last day allowed for filing a replication or subsequent pleading has elapsed and it has not been filed;
- the parties agree in writing that the pleadings are closed and such agreement is filed with the registrar; or
- the parties are unable to agree as to the close of pleadings, and the court upon the application of a party declares them closed.
This the stage at which litis contestatio takes place. It means that the parties have defined the issues and are ready to be allocated trial dates.
For more go to Notes on action (trial) proceedings
