Supplemental
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Made in aid of and to supply defects in a previous paper or proceeding. A supplemental differs from an amended pleading in this, that it is not complete or independent; the original pleading stands, and the new one merely supplies something omitted, — merely complete in itself, while the original is superseded.
Supplemental affidavit
An affidavit made in addition to a previous affidavit, for the purpose of supplying some deficiency in it.
Supplemental ans'wer
In chanceiy practice, also in civil actions under the codes of reformed procedure, matters of fact which have arisen since the answer was sei-ved, and which, therefoi'e, are not proper to be introduced by an amended answer, may be brought to the knowledge of the court by an answer made in aid of the original answer, and therefore called supplemental. It answers the same end as the plea puis darrein continuance in actions according to common-law practice.
Supplemental bill
In a suit in chancei-y it frequently happens that new matter arises or is discovered since the filing of the original bill in the suit, or that some of the parties acquire a new interest, or that fresh parties acquire an interest in the subject-matter. Such matters must be brought to the knowledge of the court. They may, indeed, in some cases, be brought forward by amending; but not always. After the parties are at issue, and witnesses have been examined in the suit, the biU cannot usually be amended. Where amendment is not a proper mode, the defect may be supplied by a bill filed, which introduces the new matter, in aid of the original bill, and is called a supplemental bill. Under the modern English practice, the court will sometimes, on an ex parte application, by motion or petition, make an order to revive and carry on the proceedings in the original suit, without the necessity of filing any supplemental bill. Supplemental complaint, or petition. As in the case of a suit in chanceiy, so in civil actions under the codes of reformed procedure, matters which arise after service of the original complaint or petition, and which, therefore, are not proper to be introduced by an amended one, may be introduced by a new one in aid of the original, and therefore called supplemental. mony of at least two witnesses is required to constitute full proof (plena probatio); the testimony of one is called half full proof (semi plena probatio), and does not warrant a judicial sentence. But if a party who can produce only one witness is himself cognizant of the matter, the courts admit him to be examined in his own behalf; and the oath administered to him for that purpose is called the suppletory oath, because it supplies the necessary quantum of proof on which to found the sentence. The expression has no use or application in this, its original sense, in American jurisprudence; it is sometimes employed, however, in a secondary way. In cases and text-books upon the rules which govern receiving a party's own books of account as evidence in support of his action for matters charged, it is sometimes said that the books must be accompanied or veriiied by plaintiff's suppletory oath; meaning that, while the books are the immediate evidence, the oath of the party supplies the proof proper to attest and corroborate them.