Protestation

In Pleading. The Indirect affirmation or denial, by means of the word "protesting" (in the Latin form of pleadings, protestando), of the truth of some matter which cannot with propriety or safety be positively affirmed, denied, or entirely passed over.

See 3 Bl. Comm. 311.

The exclusion of a conclusion. Co. Litt 124. tion or denial in case of success in the action, so far as to prevent the conclusion that the fact was admitted to be true as stated by the opposite party, and at the same time to avoid the objection of duplicity to which a direct affirmation or denial would expose the pleading.

19 Johns. (N. Y.) 96; 2 Saund. 103; Comyn, Dig. "Pleader" (N); Plowd. 276; Lawes, PI. 171.

Matter which is the ground of the suit upon which issue could be taken could not be protested.

Plowd. 276; 3 Wils. 109; 2 Johns. (N. Y.) 227. But see 2 Wm. Saund. 103, note.

Protestations are no longer allowed (3 Bl. Comm. 312), and were generally an unnecessary form (3 Lev. 125). The common form of making protestations is as follows: "Because protesting that," etc., excluding such matters of the adversary's pleading as are intended to be excluded in the protestando, if it be matter of fact; or, if it be against the legal sufficiency of his pleading, "because protesting that the plea by him above pleaded in bar" (or by way of reply, or rejoinder, etc., as the case may be) "is wholly insufficient in law."

See, generally, 1 Chit. PL 534; Archb. Civ. PL 245; Comyn, Dig. "Pleader" (N); Steph. PL 235.

In Practice. An asserveration made by taking God to witness. A protestation is a form of asseveration which approaches very nearly to an oath.

Wolff. Inst. § 375.