Counterclaim (cerere reconvențională) in Romanian civil procedure
A counterclaim is the defendant's own claim against the claimant, filed in the same proceedings and tried together in the same judgment.
Definition
What is a counterclaim?
Under art. 209-210 NCPC, the defendant may file a counterclaim against the claimant in the same proceedings. It must be filed with the statement of defence or at the latest at the first hearing. It is tried in the same judgment. If it would delay the main proceedings, the court may sever it (disjungere). If the claimant withdraws the main claim, the counterclaim continues independently. A separate court fee is paid.
Frequently asked questions
Yes. It is adjudicated independently of the main claim outcome.
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Useful legal terms
First instance (fond)
Appeal (apel)
Second appeal (recurs)
Judgment reserved (în pronunțare)
Suspended case (dosar suspendat)
Hearing date (termen de judecată)
Enforcement (executare silită)
Challenge to enforcement (contestație la executare)
Summons (citație)
Final judgment (hotărâre definitivă)
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