What is involved during the Pleadings stage in a Civil Claim?
- Civil litigation is the type of Court proceeding which take place if the legal dispute relates to a civil case and if the case involves a person’s private rights and liabilities
- If you are involved in a civil case and seeking to set right an undesirable situation, you may wish to commence civil litigation proceedings to pursue a civil claim against the wrongful party.
- The key stages in a civil claim generally include the following:
- Pleadings: this is the stage where key documents are prepared and filed (i.e. submitted) by the parties to state or summarise the key facts and arguments that they are relying on in support of their respective cases.
- Pre-trial process: this is the stage where parties are required to follow a set of rules and guidelines administered by the Court. The rules and guidelines state how the parties must prepare and file certain documents as well as how they will be entitled to conduct discovery (which is the process through which a party is entitled obtain and gather information and documents that are relevant to the case but which are in the possession of the opposing party).
- Trial process: this is the stage a separate Court hearing (known as a trial) will be conducted where the Judge will consider the evidence presented and arrive at a decision as to whether the Plaintiff has succeeded in proving his claim.
- Appeal: this is the stage where either party makes an appeal to a higher Court if that party is not satisfied with the Judge’s judgment and decision on how the dispute should be settled.
- Enforcement: this is the stage where the Plaintiff who has succeeded in obtaining a judgment in his favour can proceed to enforce the Court’s judgment or order against the Defendant (e.g. to obtain payment of the monies which the Court has ordered the Defendant to pay the Plaintiff).
- The key events that generally take place during the pleadings stage in a civil claim include the following:
- Writ of Summons: the Plaintiff files the Writ of Summons to start the civil claim against the Defendant. The Writ of Summons must also be served on the Defendant.
- The Writ of Summons must generally state the key information relating to the claim, such as:
- Cause of action: this is the basis and reason for the claim.
- Remedies: these are the types and form of redress or corrective action which you are seeking to obtain if you succeed in the claim.
- This information is usually set out in a separate document known as the Statement of Claim.
- Memorandum of Appearance: within 8 days after the Defendant is served with the Writ of Summons, he must enter an appearance by filing a document known as the Memorandum of Appearance if he wishes to challenge the Plaintiff’s claim. The purpose of entering an appearance is formally inform the Court and the Plaintiff that he intends to challenge the claim.
- Judgment in default of Appearance: if the Defendant fails to enter an appearance, the Plaintiff can apply to obtain judgment in default of the Defendant’s appearance.
- Depending on the circumstances of the case, the default judgment may be considered a final judgment (which provides a final decision on all issues in the case and concludes the claim) or an interlocutory judgment (which only provides a temporary or provisional decision on an issue).
- The Defendant can apply to the Court to set aside (i.e. retract the default judgment) or vary (i.e. revise or amend the terms) of the Plaintiff’s default judgment.
- Defence / Counterclaim:
- Within 22 days after the Defendant is served with the Writ of Summons, he must set out the reasons in support of defence to the Plaintiff’s claim by filing a document known as the Defence. The Defence must also be served on the Plaintiff.
- If the Defendant also intends to assert that he has a separate claim against the Plaintiff, he can make a counterclaim in the same case by filing a document known as the Defence and Counterclaim.
- Judgment in Default of Defence:
- if the Defendant fails to file his Defence, the Plaintiff can apply to obtain judgment in default of the Defendant’s Defence.
- Depending on the circumstances of the case, the default judgment may be considered a final judgment (which provides a final decision on all issues in the case and concludes the claim) or an interlocutory judgment (which only provides a temporary or provisional decision on an issue).
- The Defendant can apply to the Court to set aside (i.e. retract the default judgment) or vary (i.e. revise or amend the terms) of the Plaintiff’s default judgment.
- Reply and Defence to Counterclaim:
- Within 14 days after the Defence (and Counterclaim) is been served on the Plaintiff, he can give his response to the Defendant’s assertions by filing a document known as the Reply to Defence or a Reply to Defence and Counterclaim (if the Defendant has made a counterclaim).
