A general denial of allegations or a general statement of general admission is insufficient e. Step 1 Read through the statement of claim you have received.
That is a huge win since it means now they can get relief only after full judicial trial of evidence, cross-exam etc, which the OP side are most reluctant to engage in since their goal usually is not to get quick trial and justice for their allegations but to get interim maintenance and then sit and relax.
And if an allegation is made with diverse circumstances, it shall not be sufficient to deny it along with those circumstances. East India Trading Co. For instance suppose it is a suit of a dismissed employee and the employee sues the employer for wrongful dismissal.
If the relief must go for assessment it must go for formal proof against the defendant. Step 5 Attach supporting documents to the defense statement that support your defense and dispute what the plaintiff is alleging against you. She has been published in the monthly "Business Digest.
This makes for a nice flow, and these counter points can later be used at arguments stage too. Trying only to defend may not be the right defence. The rules relating to a written statement by a defendant shall apply to a written statement filed in answer to a counter claim 7.
A Counterclaim is basically a cross-action and is in fact usually treated as a separate suit even for billing purposes by advocates.
He may object on a point of law; 4. At the close of the pleadings there is a joinder of issues on the pleadings last filed. Support each point with factual, logical, statistical or anecdotal support.
Even though the Plaintiff was the first person to commence the litigation, it may happen that the defendant also has some claim against the Plaintiff. Where a defendant sets up a counter claim and the plaintiff contends that the claim thereby raised ought not to be disposed of by way of counter claim but in an independent suit, the plaintiff may, at any time before issues are settled in relation to the counter claim, apply to the court for an Order that such counter claim may be excluded, and the court may, on the hearing of such application make such Order as it thinks fit 6D.
If there is no reply to a defence, there is a joinder of issue on that defence but one cannot have a joinder of issues of a plaint or a counterclaim, these must be traversed.
If the plaintiff makes default in putting in a reply to the counter claim made by the defendant, the Court may pronounce judgment against the plaintiff in relation to the counter claim made against him, or make such Order in relation to the counter claim as it thinks fit 6F.
The essence of such a claim is that there must be some connection between the plaintiff claim for a debt and the defendant's claim to set-off, which will make it equitable to dry up the defendant to a separate suit.
Writing to perfection can be very time consuming and probably not needed either given the OP cases are based on thin grounds. One must distinguish between pleading law and raising a point of law, pleading law is not allowed but raising point of law is permitted. Now you can make all these points preferably in chronological or topical order e.
If you want to raise an action such as a counter- or cross-claim against the plaintiff arising from the facts of the case, you need to attach a document stating this action to the defense statement. More examples below See how they defendwhat they say.
Where a counterclaim is seeking general and special damages, one cannot ask for final judgment, as one can only ask for final judgment on the case of special damages otherwise for general damages one would ask for interlocutory Judgment.
An alternative approach can be to be ready with written objections but at first make submissions and argue for case dismissal itself since it is not maintainable due to jurisdiction.
Writing to perfection can be very time consuming and probably not needed either given the OP cases are based on thin grounds. One should not attempt a pre-emptive attack, confine your traverse to matters which have been alleged against you. Suppose the bank sues you over a debt, the bank will be the plaintiff over X.
It is a matter of the courts satisfaction and, therefore, only on being satisfied that there is no fact which need be proved on account of deemed admission, the court can conveniently pass a judgment against the defendant who has not filed the written statement. If you find some legal issue s that may be a concern to you.
Keep the information clear and to the point under the relevant headings and subheadings. They will be happy to updatechange or perhaps delete some of the information from this site if warranted.
Step 2 Visit the clerk of the courthouse that issued the statement form -- the court that will preside over your legal issue -- and obtain the required forms on which to prepare your defense statement.
Where an opponent is alleging for example there is money owed, denial of this must be specific. Reply to defense closes off pleadings. Arrange your answers to coincide with the arrangement of the claims in the statement of complaint.
The first line will set the tone for the rest of the letter, so it will need to sound confident, professional, and ready to defend yourself. Include the physical address of the parties and their contact information, such as their phone number.
Any ground of defence which has arisen after the institution of the Suit or the presentation of a written statement claiming a set off or counter claim may be raised by the defendant or plaintiff, as the case may be, in his written statement 8A.
Where an objection is being made to proceeding under R. 76, include a statement to this effect in the statement of defence (r. (5)). Include the date, the name of the lawyer who has carriage of the file and the firm address, telephone and fax numbers.
May 14, · How to Write an Affidavit. In this Article: Article Summary Including the Basics Writing the Statement Sample Affidavit Community Q&A An affidavit is a written statement that has been notarized. If you need an affidavit for a court case or other legal reasons, preparing one is 83%().
Feb 06, · Any ground of defence which has arisen after the institution of the Suit or the presentation of a written statement claiming a set off or counter claim may be raised by the defendant or plaintiff, as the case may be, in his written statement.
In UK law, a defence statement is mandatory if you are pleading guilty in a crown court. It is not mandatory in a magistrates’ court, but it will typically assist your defence to have a pre-prepared statement.
You will be given details of the case against you prior to being required to submit a written defence. The standard thing that needs to be done when husbands get summons from court in maintenance/DV case is to file objections. Ok, some people may say that the judge will send the case to mediation first, but the useless drama that goes by mediation is the subject of another post later.
Check over the statement of defence, and anything you missed or can explain or you may need to counter what they said in their statement of defense, Then put in a amended statement of Claim make sure you include what you disagree on in your “reply to the .How to write a written statement of defence to the counter