Statement of defense
The defendant's written reply to a lawsuit: it responds to the allegations and sets out its own arguments and evidence.
With the statement of defense (Klageerwiderung), the defendant in civil proceedings replies to the statement of claim. It states whether and to what extent the claim is admitted or disputed, which facts the defendant says apply and which evidence it offers. The court usually sets a deadline for this; in the written preliminary procedure it is at least two further weeks after the notice of intention to defend (§ 276 Abs. 1 Satz 2 ZPO (Code of Civil Procedure)), and it is stated in the court's order attached to the claim. If you miss it, you risk a default judgment or that late submissions are no longer considered (§ 296 ZPO). Before the Landgericht (Regional Court), you must be represented by a lawyer (Anwaltszwang).
¹Note: This definition is for general orientation only and does not replace legal advice for your case.
Ready to clarify your matter?
{n} credits free. No credit card required. Ready in 2 minutes.
No credit card required · GDPR-compliant · Start for free
