Translation:Shulchan Aruch/Choshen Mishpat/80

Paragraph 1- If a party made a claim in court and was found liable, he cannot make an additional claim that contradicts the first claim. Even if the party had witnesses on the second claim, it would be of no effect, as was written above in the beginning of Siman 79. If, however, the party comes to clarify his first claim and to say that this was his intention and the original claim had language that made this clarification plausible, we would listen to his new claim. When is this true? When the party has not left court. If, however, he left court, we would not listen to his new claim because it is possible others taught him to make a false claim. If a party makes a claim outside of court, however, he can make a new claim, even if it contradicts his first claim because a person only reveals his bona-fide claims in court. When is it true that one cannot make a new claim that nullifies his first claim? When the party was found liable on the first claim. If, however, the party could have been meritorious with the first claim as well, he may re-claim and be meritorious with the second claim, even if he does not give a justification on his first claim. Even if the party has left court, he may come back, reclaim and reverse all the claims that he wants from a claim that would find him exempt to a different claim that would find him exempt, until witnesses arrive. Once the witnesses arrive and contradict his original claim that they relied on, however, the party cannot make a new claim unless he provides a justification to the claim that was relied upon and this new claim was somewhat implied in the first claim. This is all provided the party has not left court. This all applies after the timeframe of kidei dibur. Within kidei dibur, however, a party may reclaim and contradict his first claim. In all these cases there is no distinction whether he made an original claim and now wants to make a new claim or he was originally silent and now wants to make a claim, unless the party can give a reason why he was originally silent. This is not like those opinions that disagree and say that one who is silent can make another claim.

Paragraph 2- There are those that say that once a party has written down his claim in a document, he cannot reclaim, even with a justification and even if his claim has not been contradicted. There are those that say that the court should write the parties’ claims so that they cannot reclaim.