surrejoinder

Surrejoinder is a term used in historical common law pleading to denote a pleading that comes after a rejoinder. In the traditional sequence, a plaintiff files a complaint, the defendant answers, the plaintiff replies, the defendant rejoins, and the plaintiff then files a surrejoinder. The surrejoinder is thus the plaintiff’s response to the defendant’s rejoinder, introducing new defenses or clarifications as the case proceeds to trial.

The term is formed from the prefix sur- meaning “upon” or “in addition to” and the noun rejoinder, reflecting its role as a further reply to the prior pleading. It reflects the highly formal and procedural culture of earlier pleading systems, where each step carried distinct duties and permissible scopes for argument.

Historically, surrejoinders were part of the elaborate system of pleadings used in English courts from the early modern period through the 19th century and in some American jurisdictions influenced by English practice. Over time, many jurisdictions abolished the surrejoinder or replaced it with more streamlined procedures, such as amended pleadings or extended briefing, reducing the number of formal steps before trial.

Today, surrejoinder is rarely used and is typically encountered only in historical or theoretical discussions of pleading practice. When mentioned, it is usually in the context of the evolution of civil procedure rather than as a common tool in contemporary litigation.