Sunday, February 17, 2008

Pleaded v. pled

Last month, David Lat had this post, on the topic of which is the more correct usage, pleaded vs. pled, as the past tense of the verb, "to plead."

On the state court side, Westlaw gives the impression that Chief Justice Hassell, Justice Kinser, Justice Lemons, Chief Judge Felton, Judge Kelsey, Judge Humphreys, Judge McClanahan, and Senior Judge Coleman prefer "pled," but Judge Elder has more frequently used "pleaded," as did former Chief Justice Carrico.

The U.S. Supreme Court prefers "pleaded." Brian Garner says "pleaded" is more common.

The other day I got an opinion from the W.D. Va. that used both, and determined that the same judge has used both in 24 different opinions, which leads me to conclude that he would say the point is pointless - and not the first from me.


Anonymous said...

The late Judge Widener (4th Cir.) invariably used "pleaded." It was part of the law clerk manual.

Sarah said...

I perfer plead, so sue me ...