SCR o 13 - Pleadings

Question 1

Purpose of pleadings

Answer 1

Pleadings serve the twofold purpose of:

1. GIVING NOTICE OF THE CASE THAT MUST BE MET and
2. DEFINING THE ISSUES.

Notice of the case that must be met is a basic requirement of procedural fairness.

RELIEF is confined to that available on the pleadings.

Question 2

13.01 Formal requirements

Answer 2

1. Every pleading must bear on its face—

• the DESCRIPTION of the pleading; and
• the DATE on which it is served.

2. A pleading must be:

• divided into PARAGRAPHS NUMBERED consecutively, and
• each allegation contained in a SEPARATE PARAGRAPH, so far as practicable.

3. A pleading settled by counsel shall be SIGNED by that counsel; if not settled by counsel, by the solicitor; if unrepresented, by the party.

Question 3

R13.09: Inconsistent pleading

Answer 3

Inconsistent and alternative allegations of fact are allowed, BUT not allegations that are inconsistent with allegations in a previous pleading by the same party.

Question 4

13.02 Content of pleading

Answer 4

Every pleading shall—

• contain in a summary form a statement of all the MATERIAL FACTS on which the party relies, BUT NOT THE EVIDENCE by which those facts are to be proved;
• where any claim, defence or answer of the party arises by or under any Act, IDENTIFY THE SPECIFIC PROVISION relied on; and
• state specifically any RELIEF OR REMEDY claimed.

A party may, by that party’s pleading—

• raise a point of law;
• plead a conclusion of law if the material facts supporting the conclusion are pleaded.

Question 5

R13.10: Particulars of pleading

Answer 5

All necessary particulars must be stated.

Question 6

R13.11: Order for particulars

Answer 6

If all necessary particulars are not stated, they may be ordered (order for further and better particulars).

BUT the Court may refuse to make an order under if the party applying for the order did not FIRST APPLY BY LETTER for the particulars the party requires (REQUEST FOR FURTHER AND BETTER PARTICULARS)

Question 7

R13.12: Admissions and denials

Answer 7

A denial of a fact alleged in the opposite pleading must be specific.

Where the party pleading intends to prove facts different from those pleaded by the other side, the party must plead those facts.

No denial is necessary as to damages.

Question 8

R13.13: Denial by joinder of issue

Answer 8

A pleading merely joining issue is prohibited.

(NB: A joinder of issue operates as a denial of every material allegation of fact made in the pleading upon which issue is joined)