Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Unconditional Leave to Defend
Jurisdictional & Appellate Practice Terms
Definition
An order in a summary suit granting the defendant complete, unrestricted permission to file their written statement and proceed to full trial without depositing money or furnishing securities, because they demonstrated a substantial, bona fide triable defense.
Example
In a summary suit on a promissory note, the defendant produces a forensic bank audit report showing that the claimed loan sum was never credited to their account; the court grants unconditional leave to defend.