Action Proceedings: Pleading

Question 1

What does the Pleading stage consist of

Answer 1

1. Summons
2. Notice of Intention to defend and judgement by default.
3. Plea
4. Replication
5. Litus Contestiato

Question 2

1. Summons

Answer 2

• the plaintiff starts the proceedings against the defendant by sending them a summons. A summons informs/notifies the defendant of the claims against them.
• the summons contain the particulars of the claim which includes: (i) The name of the parties (ii) the facts of the case (iii) the extent of the claim and (iv) the remedy/relief sought out.
• A plaintiff may demand that the defendant pay cost orders which means that they must pay the legal fees of themselves and the plaintiff. The same can be applied for the defendant if the defendant wins.
• A cost order is determined by the judge who may also decide on ‘no cost order’ if they believe that each party must pay for their own fees.

Question 3

2. Notice of intention to defend + Judgement by default

Answer 3

If the defendant wants to defend the claims against him, he must then file a notice of intention to defend within 10-14 days. This is also regarded as a pleading and will be served to the plaintiff stating that the defendant will be defending himself against the claims.

If the defendant ignores the summons, they are then ordered by the court to satisfy the remedy/relief sought out by the plaintiff. Because they did nothing to contest it, he must obey the court. it also does not have to take place in formal proceedings.

Question 4

3. Plea

Answer 4

• If the defendant wants to defend his actions, he must then enter into the next pleading called a plea, which will be served to the plaintiff.
• in the plea, the defendant will either admit or deny the allegations made in the summons and the particulars of the claim.

Question 5

4. Replication

Answer 5

the plaintiff can either reply or give commentary to the plea.

Question 6

5. Litus Contestiato

Answer 6

• Known as the ‘Closing of Pleadings’
• no more documents may be exchanged between the parties.
• the plaintiff is the ‘dominus litus’ and thus must take initiative after the closing of pleadings.
• a trial date must be set and the plaintiff must inform the defendant of the trial date in writing.