In law, seriatim (Latin for "in series"[1]) indicates that a court is addressing multiple issues in a certain order, such as the order that the issues were originally presented to the court.

Legal and judicial opinions

Judicial opinions & aggregates for official decisions (O.S-Federal)

Majority opinion
Dissenting opinion
Plurality opinion
Concurring opinion
Memorandum opinion
Per curiam opinion
Seriatim opinion

Legal usage change

A seriatim opinion describes an opinion delivered by a court with multiple judges, in which each judge reads his or her own opinion rather than a single judge writing an opinion on behalf of the entire court.[2] This is a practice generally used when a legal case does not have a majority opinion.

Use of the word, and other Latin phrases, has become less frequent in legal communications as a result of, among other factors, efforts by groups such as the Plain Language Movement to promote the use of "plain English" in legal discourse.

In the United Kingdom change

In modern use pleadings is used for "one by one in sequence". For example, in English civil cases, defence statements generally used to conclude with the phrase "save as expressly admitted herein, each allegation of the plaintiffs is denied as if set out in full and traversed herein seriatim." This formulation is now discouraged under the English Civil Procedure Rules, especially rule 16.5 (3)-(5).[3]

It is sometimes seen in older deeds and contracts as a more traditional way of using terms of reference. For example "the railway by-laws shall apply to the contract as if set out herein seriatim." It is sometimes found as part of the longer phrase brevatim et seriatim, meaning "briefly and in series".

The term is also used when replying to a communication that contains a number of points, issues or questions to show that the responses are in the same order in which they were raised in the original document: "To deal with your queries seriatim..."

In the United States change

During the Supreme Court under Chief Justice Marshall, 1801 to 1835, the practice of judicial opinions being delivered in seriatim was discontinued.

In 2009, Title III, Rule 15(a)(1) of the U.S. Federal Rules of Civil Procedure regarding Amended and Supplemental Pleadings (part of pretrial procedure) was amended to allow three changes in the time previously allowed to make one change.[4]

This provision will force the pleader to consider carefully and promptly the wisdom of amending to meet the arguments in the motion... and will expedite determination of issues that otherwise might be raised seriatim.

The right to make changes now ends 21 days after service of a motion.[4]

References change

  1. "seriatim". Retrieved 15 March 2016.
  2. "Seriatim Opinions Law & Legal Definition". USLegal, Inc. Retrieved 15 March 2016.
  3. "Content of defence 16.5 (3)-(5)". Statements Of Case - Civil Procedure Rules. Ministry of Justice UK. 10 September 2013.
  4. 4.0 4.1 "United States Federal Rules of Civil Procedure, Title III, Rule 15". Legal Information Institute. Cornell University Law School. 2009. Retrieved 24 November 2013.