Definition and legal classification of the Duplik
The Duplik is a term from civil procedural law and refers to the defendant’s response to the plaintiff’s reply (Replik) in the written preliminary proceedings. Within the scope of civil procedural correspondence between the parties, it is the third essential document after the statement of claim and the statement of defense (Duplik as a response to the reply). The term derives from the Latin “duplum,” meaning “the double,” and thus designates a repeated response. The Duplik holds a central position in the preparation of legal decisions by the court.
Systematics in civil procedure
Position of the Duplik in the procedural sequence
The wording and significance of the Duplik can be understood from the typical sequence of written submissions in a civil case:
- Statement of claim – submitted by the plaintiff (filing of the claim)
- Statement of defense (Reply) – defendant’s response to the statement of claim
- Duplik – defendant’s response to the plaintiff’s reply
The Duplik serves as the defendant’s final written statement within the preparatory exchange of briefs and enables the defendant to address new aspects that were raised for the first time in the reply.
Procedure and function
With the Duplik, final clarification is provided regarding new facts, legal arguments, or evidentiary submissions that have not previously been contested in the proceedings. The aim is to render the case ready for a decision and to give the parties an opportunity for a final substantive submission. The Duplik is therefore of significant importance for the effective guarantee of the right to be heard and the principle of adversarial proceedings, which entitles both parties equally to state their positions.
Significance in German civil procedure law
Statutory basis
There is no explicit legal regulation for the Duplik either in the Code of Civil Procedure (ZPO) or the Courts Constitution Act (GVG). However, its admissibility and necessity result from the principles of the right to be heard under Art. 103(1) of the Basic Law (GG) as well as from the requirement of a fair trial. In individual cases, the court may, under § 273 ZPO, limit the exchange of written submissions to a specific sequence or extent; however, both parties are, in principle, entitled to submit a Duplik.
Function and scope
The Duplik is intended to give the defendant the opportunity to address new submissions by the plaintiff appropriately. Case law emphasizes that a decision may not be based on facts or means of attack and defense to which no opportunity for comment was given. The court must therefore ensure that a response to new submissions in the reply is possible (BGH, judgment of 13.07.2007 – V ZR 254/06).
Admissibility and deadlines
A Duplik is generally admissible as long as it complies with the duty to promote the proceedings (§ 282 ZPO) and is not recognizably used to delay the process. Courts regularly set deadlines for responses, within which the Duplik must be submitted in order to be considered. After the oral hearing, the introduction of new facts is only possible to a limited extent (§ 296a ZPO).
Effect and supplementation of new arguments
The Duplik allows the defendant to add objections, present counter-evidence, or correct or supplement submissions. This is also permissible for new defenses or objections, provided they are prompted by the plaintiff’s submissions in the reply. In this way, the Duplik ensures procedural equality of arms and serves the full representation of each party’s interests.
International and comparative law aspects
Austria and Switzerland
Austrian and Swiss civil procedure law also use the Duplik as part of the preparatory exchange of written submissions. Depending on the type of procedure, the number and sequence of submissions may vary, but the Duplik is regularly provided as the final submission in response. The structure of the Duplik is based on the same guiding principles as under German law: comprehensive party submissions, right to be heard, and readiness for decision.
Significance in other areas of law
Administrative law
In administrative proceedings, the Duplik can also become significant if a multi-stage exchange of submissions before a deciding authority or in administrative court proceedings is permitted. However, there is no explicit statutory regulation; rather, the Duplik is admitted according to the principles of procedural and procedural law.
Labor and social courts
In labor and social court proceedings, different, often simplified rules of submission apply. Nevertheless, the Duplik is permissible, especially where it is necessary to ensure the right to be heard.
Literature and references
The Duplik is comprehensively explained in leading commentaries on the Code of Civil Procedure (such as Zöller, Baumbach/Lauterbach/Albers) as well as in fundamental secondary literature on civil procedural law. Judicial practice and the resulting academic literature assign great importance to the Duplik for the balance and fairness of civil proceedings.
Sources:
- Code of Civil Procedure (ZPO), in particular §§ 273, 282, 296a
- Federal Court of Justice (BGH), judgment of 13.07.2007 – V ZR 254/06
- Basic Law (GG), Art. 103(1)
- Baumbach/Lauterbach/Albers/Hartmann, Code of Civil Procedure
- Zöller, Code of Civil Procedure
Note: In order to enforce procedural rights, attention should always be paid to the instructions of the competent court and the particular circumstances of each individual case.
Frequently Asked Questions
When is a Duplik considered legally submitted?
A Duplik is considered legally submitted when it has been received by the competent court within the court- or legally-set deadline. It must include the necessary formal details such as the file number and designation of the parties and, as a rule, be personally signed by an authorized representative if legal representation is required. What is decisive is the actual receipt of the document by the court, not the date of dispatch. In electronic proceedings, e.g., as part of electronic legal communications, specific technical requirements apply to the document and its secure transmission, for example via the special lawyer’s mailbox (beA). If the Duplik is submitted late, the court may reject it as belated at its due discretion, unless it must be exceptionally considered ex officio (e.g., if certain factual allegations are absolutely indispensable).
Must a Duplik contain new factual submissions, or is it sufficient to repeat arguments already presented?
A Duplik may contain both new relevant submissions and refer to arguments already made in previous submissions—often the statement of defense—by elaborating or clarifying them. However, it is legally significant that the Duplik specifically addresses the previous submission of the opposing party (the reply). If the Duplik contains only repetitions without substantive reference to the reply, it may be considered unsubstantial and may risk not being given due weight by the judge. New factual submissions in the Duplik may generally only be introduced as long as the court still allows such submissions and there are no exclusion grounds, e.g., pursuant to § 296 ZPO in the event of delay.
Which deadlines apply to the submission of a Duplik?
The deadline for submitting a Duplik is determined by the court in a separate order (e.g., pursuant to § 272(3) ZPO) or arises from the oral hearing by judicial indication. If no specific deadline has been set, the party must submit its Duplik in sufficient time to allow the court to adequately prepare for the further proceedings, especially the oral hearing. In some cases, extensions of the deadline can be requested from the court in accordance with § 277 ZPO if important reasons are given. If the deadline is culpably missed, this may result in the exclusion of belated submissions (preclusion). In some procedural codes, such as the Administrative Court Code (VwGO), different rules for deadlines apply; in international proceedings, there may again be further differences.
Is the content of a Duplik subject to special formal requirements?
The general formal requirements for written submissions in civil proceedings apply to the Duplik. It must be drafted in writing, properly addressed, and as a rule signed by a lawyer if legal representation is required (§ 130 No. 6 ZPO). The document must be legible, dated, and formatted so as to allow the court and the opposing party to address it properly. Dupliks submitted in electronic form must, in accordance with § 130a ZPO, be filed as PDFs and be provided with a qualified electronic signature or submitted via a secure transmission procedure (beA, EGVP). The obligation to provide a copy to the opposing party as well as compliance with data protection in respect of personal data must also be observed.
Can a Duplik be rejected by the court?
In principle, the court is obliged to take note of every properly submitted document. However, a Duplik may be disregarded by the court in terms of content within the framework of procedural equality of arms or to expedite proceedings if the submissions contained therein are late and there is no sufficient excuse for the delay. This results in particular from § 296 ZPO. In extremely exceptional cases, the court may refuse to accept a document if it obviously contains abusive or offensive content, whereby as a rule a formal entry into the file is still made, followed by a reference to the code of procedure and the requirement for objectivity.
Is the Duplik also relevant in out-of-court proceedings or arbitration?
The Duplik is primarily used in classic court proceedings—such as civil litigation—but it is also common in arbitration and certain alternative dispute resolution mechanisms as a response document following the statement of defense. The relevant procedural rules of arbitration tribunals or conciliation bodies may have their own provisions on the exchange of written submissions, with the basic principles of the right to be heard and equality of arms also applying in the extrajudicial context. Compliance with deadlines, formal requirements, and the admissibility of new submissions are governed here by the applicable rules of procedure and/or party agreement.
What is the significance of the Duplik with regard to the right to be heard (§ 103 GG)?
The Duplik is an essential instrument to ensure both parties’ right to be heard, which is enshrined as a fundamental procedural right in Art. 103(1) GG. By providing an opportunity to react to the plaintiff’s submissions and the subsequent reply, it ensures that no party can be surprised by opposing allegations without the opportunity to comment. The court may not use facts or evidence to which the party could not respond in the Duplik, unless there is a voluntary waiver of response or manifest procedural delay. If a timely submitted Duplik is disregarded by the court, this generally constitutes a violation of the right to be heard, which may be raised in appellate proceedings.
