Reply to the Answer and Second Reply Petitions (Code of Civil Procedure, Article 136)

Entrance

In civil litigation, the statement of claim and the statement of defense are the initial point of contact between the parties.
However, the dispute is often not fully clarified with these two statements alone.
Therefore, allow the parties to make mutual clarifications and to establish a balance between claims and defenses , the law has provided for the stage of submitting supplementary statements.

At this stage, the plaintiff submits a reply to the response, and the defendant submits a second reply .
This system Article 136 of the Code of Civil Procedure and ensures the completion of the exchange of pleadings.

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1. What is the Exchange of Petitions?

The word " teati " means "mutual exchange." In the HMK (Code of Civil Procedure) system, the exchange of petitions refers to a four-stage process: 1️⃣ Statement of claim, 2️⃣ Response petition, 3️⃣ Reply to the response petition, 4️⃣ Second response petition

The purpose of this system is to identify the points of dispute by allowing the parties to clearly present their claims and defenses .

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2. Reply to the Answer (Code of Civil Procedure, Article 136/1)

Definition

A reply to the defendant's response contains the plaintiff's statements in response to the claims, objections, or evidence presented in the defendant's response.

Its purpose

• To respond to the defendant's arguments,

• Presenting new evidence,

• To clarify the boundaries of the dispute.

Duration

The plaintiff shall submit their reply to the defendant's response within two weeks of receiving notification of the defendant's response

This period is a "definite period" according to Article 136 of the Code of Civil Procedure and can be extended once.

Content

Reply to the answer petition, from the plaintiff:

• Statements in response to the defendant's objections,

• Their counter-arguments to the evidence,

• It will include new evidence if necessary.

However, the plaintiff cannot introduce a new claim or a new subject matter of the lawsuit at this stage. This is because it would fall under the prohibition against expanding claims and defenses .

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3. Second Reply Petition (Code of Civil Procedure, Article 136/2)

Definition

The second reply is the defendant's final written defense against the plaintiff's reply.
This reply is the final document completing the exchange of pleadings.

Duration

The second reply within two weeks .

Content

• The defendant has no right to develop a new defense.

• Only statements in response to the plaintiff's claims may be made.

• The evidence presented previously may be reiterated or clarified.

Conclusion

Once this petition is submitted, the exchange of petitions is completed and the preliminary examination phase begins.

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4. The Legal Significance of the Exchange of Petitions

After the exchange of petitions has been completed:

• The parties can no longer present any new facts or claims.

• The court identifies the issues in dispute during the preliminary hearing.

• The scope of the trial is now limited to the claims and arguments contained in these petitions.

This situation is also important in terms of the principle of adherence to the claim (Article 26 of the Code of Civil Procedure) and the prohibition of expanding the claim/defense (Article 141 of the Code of Civil Procedure)

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5. Submission of Evidence in the Reply to the Answer and the Second Reply Petition

The parties must submit their evidence no later than these petitions.
Submitting evidence after that is only with the explicit consent of the other party .

Supreme Court 3rd Civil Chamber, Case No. 2021/3455, Decision No. 2022/5120.

"A party may exercise its right to present evidence in its reply to the response; presenting new evidence after this stage falls under the prohibition against expanding the claim."

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6. Submitting a Petition During the Judicial Holiday

According to Article 104 of the Code of Civil Procedure, there is no obstacle to submitting a petition during the judicial recess.
This means that both the plaintiff and the defendant can submit their reply or second reply petitions even during the judicial recess.

CIVIL PROCEDURE LAW

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7. Extension of the Period for Exchange of Petitions

One of the parties may request an extension of the petition period by providing a reasonable reason. The judge may grant an additional two-week period , only once (Code of Civil Procedure, Article 127/2). Petitions received after this period will be considered invalid.

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8. Entering into the merits of the case before the exchange of petitions is completed

If the court decides on the merits of the case before the exchange of pleadings is complete, this constitutes a procedural error and is grounds for reversal.

The 4th Civil Chamber of the Supreme Court of Appeals, Case No. 2020/2784 E., Decision No. 2021/4381 K.,
stated: "Issuing a judgment before the exchange of pleadings is completed constitutes a restriction of the right to defense."

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9. Points to Consider During Implementation

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10. Practical Example

Scenario:
The plaintiff claims that rent has not been paid.
The defendant says, "I made the payment" (response).
The plaintiff says, "No payment was made, I don't have a bank statement" (reply to the response).
The defendant says, "I paid in cash, I will provide witnesses" (second response).

At this stage, the dispute or not payment was made .
Evidence is determined accordingly, and the court cannot go beyond these limits.

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Conclusion

Reply and second reply briefs are a balanced dialogue process in civil litigation.
Through these briefs, the parties clarify their claims and defenses, and the court correctly defines the framework of the dispute.

"Justice is shaped not by a single voice, but by the mutual consent of both sides."