What is Rejoinder?
Rejoinder is the defendant’s answer to the reply submitted by the plaintiff. The right of the defendant to answer the plaintiff’s reply is regulated in Article 142 of Reglement op de Rechtsvordering (“RV”). In Rejoinder, the defendant can refuse or justify the arguments in the plaintiff’s reply. However, if the defendant does not provide any refusal to the argument in the plaintiff’s reply, the defendant is considered to have justified the argument. The defendant can also put forward new arguments in the rejoinder to strengthen the previous argument.
In accordance with the applicable law, rejoinder can be submitted orally or in writing. However, in actual practice, rejoinder is always submitted in written form.
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