Counter-Claim
Synonyms: Counterclaim، Incidental Claim by the Defendant، Reconventional Claim
Last updated: 2026-09-25
Short Definition
A counterclaim is an incidental request that the defendant brings against the claimant while the original case is pending, asking for a judgment in his own favour on a related right such as set-off or compensation, which the same court hears together with the original claim whenever possible.
Overview
Legal Basis
Counterclaims rest on the Law of Civil Procedure issued by Royal Decree No. (M/1) dated 22/1/1435H: Article 82 on how incidental requests are filed and their inadmissibility after pleadings close, Article 84 on the incidental requests a defendant may bring, Article 85 on hearing them with the original claim whenever possible, and Article 186 on the inadmissibility of new requests on appeal. Article 7 of the Judicial Costs Law issued by Royal Decree No. (M/16) dated 30/1/1443H imposes costs of up to SAR 10,000 on incidental requests, as set by its implementing regulation.
Practical Example
In Jeddah, the landlord of a showroom sued the tenant before the General Court for SAR 30,000 in three months of overdue rent (SAR 10,000 a month), because the lease was an old paper contract never documented on Ejar. At the first hearing the tenant filed a counterclaim by a statement served on the landlord, claiming SAR 12,000 for repairing the central air-conditioning, a fault he had notified the landlord of in writing without response, and asking for judicial set-off; he attached the notice and invoices. The court heard both requests together and, after an expert report, confirmed both debts and set them off, ordering the tenant to pay only SAR 18,000. Had the tenant waited until pleadings closed, or raised the request for the first time on appeal, it would have been rejected and he would have needed a separate lawsuit.
Common Mistakes
- ✗Filing the counterclaim after pleadings close — incidental requests are no longer accepted under Article 82.
- ✗Raising the counterclaim for the first time before the appeal court — new requests are inadmissible on appeal and the court rejects them of its own motion.
- ✗Confusing a defence with a counterclaim — a defence only defeats the claim; getting a money judgment in your favour needs an express request stating the amount and backed by documents.
- ✗Trying to counterclaim before the Execution Court when an Ejar lease is being enforced — the execution judge does not decide the underlying right, so the substantive claim must be filed separately at the General Court.
- ✗Bundling requests unrelated to the original claim — the court may refuse them as incidental requests, requiring a separate lawsuit.
International Differences
Counterclaims exist in most legal systems, with differences in timing and conditions. In England they are filed with the defence under the civil procedure rules and may concern a relatively independent matter. In Turkey a counterclaim must in principle be brought with the answer petition, leaving less time than in Saudi Arabia, where it is accepted until pleadings close. In Egypt and the UAE, procedure laws regulate it under the heading of "incidental requests" with logic close to the Saudi approach, requiring a link to the original claim. A common thread: most systems do not accept new claims at the appeal stage.
