Civil Procedures

Question 0

Statement of Claim

Answer 0

Usually attached to the writ.

Explains the nature of the claims, cause of the claim and the remedy or relief sought.

Question 1

Writ

Answer 1

The main method of commencing proceedings in the Supreme Court.
Explains why the action is being taken.
Informs where the trial will take place, and the mode of the trial.
Statement of claim is usually attached.

Question 2

Notice of Appearance

Answer 2

This is done when the defendant decides to defend the claim.

Purpose is to notify the court and plaintiff that the claim will be defended.

Question 3

Defence

Answer 3

This is the defendants response to each of the allegations in the statement of claim. This is usually admitting or denying the claims.

Question 4

Counterclaim

Answer 4

This is when the defendant wishes to make a claim against the plaintiff.
Usually heard at the same time as the original claim.
Often attached to the defence.

Question 5

Reply

Answer 5

Optional step.

This is a reply to the counter claim, and admitted or denies the allegations.