Code of Organization and Civil Procedure (Cap. 12), article 398

398. (1) The defendant who desires to set up a counter-claim shall set up his claim in the wri tten reply to the application, whether sworn or not. (2) The counter-claim shall be set up after the defence to the original claim made out as requi red by law; and the defendant s hall, with respect to the c ounter-claim, observe , as far as practicab le, the rules established by this Code or by any other law for the writ ten pleading by which the proceedin gs were first instituted. (3) Where proceedings are by sworn application, the setting up of a counter-claim in a sworn reply shall be equivalent to the filing of a sworn application with respect to that claim, and shall be served on the plaintiff, who shall proceed as if he were the defendant with respect thereto; and in any such case, the closi ng of the preliminary written procedur es and the application of artic les CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 123 151 and 152 shall take place wit h the filing of that sworn repl y by the plaintiff or the expirati on of the term for its filing. Security for costs. Amended by: XXXI.1934.46. Substituted by: XXXI.1980.6.