Reply (Form 53)

Rule 66.2 of the Uniform Civil Rules 2020 (SA) allows an applicant on a claim to file a reply to a defence to that claim. A reply is optional. Unless the court orders otherwise, it must be filed within 14 days after service of the defence, and it must be in Form 53 and comply with the pleading rules in Part 7. Under r 67.7 a reply may admit, not admit or deny an allegation of fact in the defence, the effect of admissions and denials is the same as for a defence, and any allegation in the defence that the reply does not address is taken to be denied. A reply is the place to plead new facts the applicant relies on to answer matters raised in the defence, such as a positive defence or a statutory provision, so the respondent has fair notice of them (r 67.2(2)).

When you need it

• The defence raises new facts or a positive defence that you want to answer with facts of your own.
• You want to admit some allegations in the defence so they do not need to be proved.
• You do not need a reply just to deny the defence: anything not addressed is taken to be denied (r 67.7(4)).

1. 1

   Complete the heading

   Choose the court, add minor civil or the list if applicable, and name each party with capacity and party number as in the claim.

2. 2

   Fill in the lodging party panel

   Name the applicant filing the reply and any law firm and solicitor.

3. 3

   Part 1: background matters

   Respond to the background or uncontroversial matters raised in the defence in numbered paragraphs, keeping the numbering easy to match to the defence.

4. 4

   Part 2: other facts

   Admit, not admit or deny the other facts alleged in the defence and set out any affirmative facts and statutory provisions you rely on in answer (rr 67.2, 67.7).

5. 5

   Part 3: orders sought and certification

   Respond to the orders sought in the defence (for example on a set-off). Then mark and sign the certification as the filing lawyer or as a self-represented litigant, print your name and date it.

• File the reply in the case through CourtSA (the CAA describes the "Defence, Crossclaim, or Reply" action in the case) or at a registry, within 14 days after service of the defence unless the court orders otherwise (r 66.2(2)).
• Serve the reply on all other parties in accordance with the rules (the form's service note).
• Outside the 14 days, a reply can only be filed if the court orders otherwise (r 66.2(2)).

• Keep the reply short. It should not repeat the statement of claim; pleadings must be concise and must not contain irrelevant material (r 67.2).
• Do not use a reply to add a new cause of action. That needs an amendment to the claim under rr 69.1-69.3.
• Admissions in a reply have the same effect as in a defence (r 67.7(3)).