Replica (right)

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The reply is the plaintiff's response in the civil process to the defendant's response . The plaintiff can either use the facts presented by the defendant

  • not deny or admit
  • dispute or declare irrelevant.

However, he can also submit new facts that invalidate the effect of the facts submitted by the defendant.

The reply is subject to the general rules on party submissions .

The reply to a replica is called a duplicate (the following replies accordingly: triplik , quadruplic  …).

sequence

In civil litigation proceedings, letters (legally: " pleadings ") are usually exchanged in this order:

  1. The plaintiff's application
  2. Response from the defendant
  3. Plaintiff's reply
  4. Duplicate of the defendant
  5. Plaintiff's triplik
  6. Quadruplicate of the defendant

example

  • The complaining landlord demands rent with the application , § 535 Abs. 2 BGB .
  • In the statement of defense, the defendant tenant objects to a rent reduction due to defects in the leased property, Section 536 (1) BGB.
  • The plaintiff replied by claiming that the parties had contractually excluded a rent reduction .
  • The defendant duplicates and claims that the contractual exclusion of price reductions is ineffective because the plaintiff fraudulently concealed the defect , Section 536d BGB.
  • The plaintiff triplicated , denying having even known the defect.
  • The defendant squares .