Response Request, Deadline, and Consequences of Non-Response

Entrance

In civil proceedings, the plaintiff sets forth their claims in the lawsuit petition, while the defendant in the response petition defends themselves
This petition of the right to defense and the principle of a fair trial is a fundamental tool
Failure to submit a response petition to deny, admit, or accept deprives the defendant of the opportunity

This institution, regulated in Articles 128-131 of the Code of Civil Procedure, is subject to strict formal requirements in terms of both its duration and content.

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1. What is a Response Petition?

to the plaintiff's statement of claim their defense and objections .
This document a balance between claims and defenses and if the defendant remains silent, considered a denial of the facts. it can be

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2. Time Limit for Submitting the Reply (Code of Civil Procedure, Articles 127-128)

• The deadline for submitting a response is two weeks from the date the lawsuit is served on the defendant.

• This is a fixed period. However, the court an extension of up to two weeks once .

• If the defendant fails to respond within this period, they will be deemed to have denied the facts stated in the lawsuit.

The 3rd Civil Chamber of the Supreme Court of Appeals, Case No. 2021/1987, Decision No. 2022/3421, stated:
“The defendant’s failure to respond within the prescribed time limit does not constitute acceptance of the plaintiff’s claims; it merely results in a denial.”

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3. Elements of the Reply Petition (Code of Civil Procedure, Article 129)

The answer to the complaint contains almost the same elements as the statement of claim.
Article 129/1 of the Code of the following elements must be included in the answer to the complaint:

1. The name of the court,

2. The plaintiff's and defendant's names, surnames and addresses,

3. If the plaintiff is abroad, the notification address is:

4. The defendant's defense arguments and evidence,

5. Conclusion and request section (request regarding the case),

6. Signature.

If any of these elements are missing, the judge will give the defendant time to complete them; if they are not completed, the petition may be deemed null and void.

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4. Content of the Response Letter

The defendant may adopt three different approaches in their petition:

• Admission: The plaintiff accepts the facts presented.
  → The dispute no longer exists, and the judge issues an admission decision.

• Denial: The plaintiff rejects the facts presented.
  → The burden of proof rests with the plaintiff.

• Acceptance: Accepts the case in whole or in part; in this case, the case is terminated.

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These circumstances directly determine the course of the trial.

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5. Defenses that can be presented in the Response Petition

The response brief may include both factual and procedural defenses of the defendant:

A. Defenses Based on Substantive Law

• The debt has been paid

• The debt has become time-barred

• These are claims such as the contract being invalid.

B. Defenses Based on Procedural Law

• Objections: Claims that completely dismiss the case (e.g., that the debt has been extinguished).

• Defenses: These are defenses that acknowledge the debt but temporarily relieve the obligation to pay.

• Initial objections: These are defenses that are not prerequisites for filing a lawsuit but prevent the court from addressing the merits of the case (e.g., jurisdiction, arbitration).

  • These objections must be raised no later than the response letter.

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6. Consequences of Failure to Submit a Reply (Code of Civil Procedure, Articles 128-131)

1. If the defendant does not respond:
   → The facts alleged by the plaintiff are deemed denied.
   against the defendant No presumption of admission arises
   → However, the right to present evidence is restricted.

2. If no response is given within the specified time:
   → The defendant cannot expand on their claims and defenses.
   → They can only objectand cannot present new facts.

3. If a verdict is given before a response is given:
   → This a restriction of the right to defense constitutes

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7. Place and Method of Submitting the Response Petition

• The petition to the court where the case was filed .

• for each plaintiff .

• Petitions are not subject to fees. However, fees are payable if a counterclaim is filed

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• The petition is deemed to have been submitted on the date it was forwarded; the judge's signature and date are mandatory.

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8. Presenting Initial Objections in the Response Petition

any preliminary objections, such as those concerning jurisdiction, arbitration, or similar matters, no later than the response to the lawsuit must state
Otherwise, these objections will not be heard.
This rule prevents the defendant from abusing the proceedings.

The 15th Civil Chamber of the Supreme Court of Appeals, Case No. 2020/4417 E., Decision No. 2021/6731 K., stated:
“The objection regarding jurisdiction is a preliminary objection and must be raised at the latest with the response brief. Otherwise, it will not be heard.”

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9. Filing a Counterclaim in the Response Petition

within the answer brief a counterclaim (Code of Civil Procedure, Article 132).
In this case:

• A fee must be paid.

• The counterclaim must be related to the main claim.

• The court examines both cases together and issues a ruling in the same decision.

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10. Common Errors in Practice

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Conclusion

The response brief is a guarantee of the right to defense in civil proceedings .
Without this brief, the trial proceeds unilaterally, disrupting the balance of justice.
A response brief prepared in accordance with procedure, within the prescribed time limit, and supported by strong evidence, is the defendant's most effective means of defense.

"A response letter is not a language of silence; it is a language of defending your rights."