Mispleading Law and Legal Definition
Mispleading means a pleading which is made incorrectly, or omitting anything essential to the support or defense an action. Mispleading involves the pleading of a legally deficient defense or complaint. A misstatement of a cause of action amounts to mispleading.
The term mispleading has been defined as: "Pleading incorrectly, or omitting anything in pleading which is essential to the support or defense of an action . . . as in the case of a plaintiff not merely stating his title in a defective manner, but setting forth title which is essentially defective in itself, or if, to an action of debt, the defendant pleads not guilty instead of nil debet." [Presutti v. City of New Britain, 1999 Conn. Super. LEXIS 3133 (Conn. Super. Ct. 1999)]
In order to secure relief for mispleading the plaintiffs would have to prove that there was mispleading. Additionally, they will also have to prove that the mispleading came through fraud, accident, or mistake unconnected with any negligence or inattention upon their part. [Blanchard v. Lubinski, 1994 Conn. Super. LEXIS 1551, 2-3 (Conn. Super. Ct. 1994)].
