Counterclaim in Jordan's Law of Evidence

Abstract

This study deals with the counterclaim issue as a means of proof. This subject is particularly important because it exempts the opponent from resorting to other means of proof. Without a legislative text, identifying cases of counterclaims and the Judge's power over them has become necessary. This research concludes with a series of conclusions and recommendations, most notably that the civil Judge's power to assess the counterclaim of a judicial statement is limited in the light of the conditions required by the legislator, while the Judge has broad discretion towards non-judicial recognition. We hope that the Jordanian legislature will explicitly stipulate the effect of counterclaim in any dispute.