Action Proceedings Flashcards
What documents are served for Action Proceedings
Pleadings
Explain the procedure to follow for provisional sentence proceedings
Rule 8 of the uniform rules.
Initial stage is similar to action proceedings.
Defendant then answers the summons with an affidavit to which the plaintiff replies by affidavit.
How are Action Proceedings commenced?
By the Issue and Service of Summons
When would you use a Simple Summons
For a debt or liquidated demand.
When would you use a Combined Summons
When the claim is not based on a debt or liquidated demand.
How does a Simple Summons differ from a Combined Summons
Most crucially a simple Simmons must contain a brief description of the cause of action set out in concise terms.
A Combined Summons has annexed to it a statement of the material facts relied upon by the Plaintiff called a particulars of claim.
What document must be delivered to the a Defendant who has just delivered notice of intention to defend in the summons was a simple summons
The Plaintiff must then deliver a declaration setting out the material facts relied upon
What is a claim in reconvention?
This is the Defendant’s counterclaim in which he/she makes a claim against the Plaintiff.
This does not need to relate to the claim against the Defendant
How does a defendant respond to particulars of claim or declarations?
By means of a plea
