Litis contestatio
Joinder of issue
Litis contestatio is the moment in proceedings at which the legal dispute between the parties is defined by the exchange of their respective positions.
Litis contestatio is a term derived from Roman law, referring to the formal juncture at which the claimant advances their claim and the defendant contests it, thereby crystallising the dispute. In contemporary Dutch civil procedure, the term is occasionally employed to denote the close of the pleadings stage, after which the matter becomes ready for judgment.
The concept is significant because, from the point of litis contestatio, the parameters of the dispute are fixed and, as a general rule, the parties may no longer introduce new facts or defences without the court’s leave. This serves to enhance procedural efficiency and legal certainty.
In practice, litis contestatio marks the transition from the written phase to the oral hearing or the delivery of judgment.
“After the litis contestatio, counsel could no longer raise new defences without the consent of the opposing party.”
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