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A common law plea that objects to jurisdiction without disputing any of the merits of the case. This is a plea that objects to the place, or the mode of time of asserting the plaintiff's claim. This plea does not address any underlying merits of the case. A matter of defense which defeats an action for the present, because of a defect in the writ or declaration. 3 Bl. Com. 302, See also Steph. Plead. 47; Gould Plead. 235. Because they are dilatory, pleas in abatement are not favored. Each plea must give a better writ, i.e., show how the writ may be amended. A plea in abatement (dilatory pleas) assert some reason why a present action should not be heard or put off for a period of time. Pleas in abatement are considered to be new matter and as such they must be specially pleaded as new matter.


The common pleas in abatement are: 1) The plaintiff lacks capacity. (2) Nonjoinder of parties. (3) The action was brought prematurely. (4) Lack of personal jurisdiction. (5) Improper venue. (6) Another action is pending on the same issues in another court. Pleas in abatement are divided into those relating, ...

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