Requirements of Counterclaim

Article 132 letter (a) Herziene Inlandsch Reglement (“HIR”) defines a counterclaim as a lawsuit filed by the defendant as a counterclaim against the lawsuit filed by the plaintiff against him. The counterclaim was submitted by the defendant to the District Court, during the process of examining the claim submitted by the plaintiff. Article 224 of the Reglement op de Rechsvordering ("Rv") also provides a definition of a counterclaim.

Counterclaim can be filed orally, but it is better if it is filed in writing. Whatever the form of filing, either orally or in writing, what needs to be paid attention is that the lawsuit for reconstruction must meet the formal requirements of the lawsuit, namely:

1. explicitly mentioning the drawn subject as a reconstruction defendant;

2. to formulate clearly the posita or arguments for the counterclaim, in the form of a confirmation of the legal basis (rechtsgrond) and the basis of the events (fijteljkegrond) on which the lawsuit is based; and

3. mention in detail the petitum of the lawsuit.

Article 132 letter (b) number (1) HIR regulates that the time for filing a counterclaim must be done together with the submission of answers. If the counterclaim is not filed together with the answer, it will result in the reconvention lawsuit not meeting the formal requirements resulting in the claim being invalid and must be declared unacceptable.

Suria Nataadmadja & Associates Law Firm

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