Claim in reconvention
A defendant's counterclaim against the plaintiff in the same civil action.
Definition
A claim in reconvention is usually pleaded alongside or after the defendant's plea, depending on the rules and facts. The practical review should check the plaintiff's claim, defendant's defence, proposed counterclaim, supporting documents, jurisdiction, prescription risk, court rules, relief requested, and whether the counterclaim should be separated, consolidated, settled, or tried with the main claim.
In a South African legal context, claim in reconvention should not be treated as an isolated dictionary word. It usually sits inside a broader civil procedure process, and that process can affect what documents are needed, which deadlines matter, and what next step is sensible.
Key takeaways
A defendant's counterclaim against the plaintiff in the same civil action.
Civil Procedure
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How it applies
Claim in reconvention often matters when a person is dealing with Counterclaim, Defending a civil claim, and Contract dispute. The term can shape how the problem is described, which facts matter, and what evidence should be gathered.
Related resources such as Court Process Timeline Map, Civil Litigation Consultation Pack, and Litigation Checklist help turn the concept into a practical preparation path before a consultation or formal step.
Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Counterclaim
Counterclaim where the person needs to understand how claim in reconvention affects the next legal step.
Defending a civil claim
Defending a civil claim where the person needs to understand how claim in reconvention affects the next legal step.
Contract dispute
Contract dispute where the person needs to understand how claim in reconvention affects the next legal step.
Next steps
What usually happens next
Start by using the definition and related questions on this page to place the issue inside the correct civil procedure pathway.
Use the related resource path for Court Process Timeline Map, Civil Litigation Consultation Pack, and Litigation Checklist to prepare documents, dates, facts, or questions before speaking to a lawyer or firm.
When the matter is urgent, disputed, document-heavy, or deadline-sensitive, move from research into lawyer discovery through Civil Litigation Lawyers Johannesburg or compare support through Litigation Firms.
Related resources
Resources and guides
Court Process Timeline Map
Process resource for summons, notices, pleadings, hearings, judgment, and enforcement milestones.
Civil ProcedureClient Document PackCivil Litigation Consultation Pack
Prepare a civil procedure document pack by organising identity, authority, core matter records, official records, correspondence, financial records, deadline notes, and fee questions.
Civil ProcedureChecklistLitigation Checklist
Litigation Checklist for preparing documents, facts, dates, and questions connected to civil procedure.
Civil ProcedureFAQs
Claim in reconvention FAQs
What is a claim in reconvention?
What is a claim in reconvention starts with the definition above, but the practical meaning depends on where it appears in the civil procedure process. Use the related Defendant term, resources, and lawyer searches to understand the next step.
Is it the same as a counterclaim?
Is it the same as a counterclaim depends on the facts, the documents involved, and where the matter sits in the civil procedure process, especially where it relates to counterclaim. Start with the definition above, then use the related terms and resources to understand the next step.
When should a defendant counterclaim?
When should a defendant counterclaim depends on the facts, the documents, and any deadline that applies. If timing may affect claim in reconvention, check the relevant process early and speak to a qualified legal professional where necessary.
What documents support a counterclaim?
What documents support a counterclaim depends on the facts, the documents involved, and where the matter sits in the civil procedure process, especially where it relates to counterclaim. Start with the definition above, then use the related terms and resources to understand the next step.
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