Replication and plea in reconvention
The plaintiff answers to the defendant’s plea with a replication. It serves two purposes, i.e. to admit allegations made in the plea and to raise a special reply or affirmative reply in the nature of a confession and avoidance. If none of these two purposes will be served it is not necessary to deliver a replication.
If no replication is delivered, all the factual allegations in the plea are automatically placed in issue. As such, a replication merely denying all the allegations in the plea is a waste of time.
The replication may not introduce new claims or causes of action and it may not contradict the particulars of claim.
The plaintiff’s replication and a plea in reconvention to the defendant’s counterclaim must be delivered within 15 days after the service of the defendant’s plea and counterclaim on the plaintiff. Any further pleadings are dealt with in terms of the court rules.
For more go to Notes on action (trial) proceedings
