Wednesday, May 27, 2020

FLOWCHART: CIVIL PROCEEDINGS FOR ACTION COMMENCED BY WAY OF WRIT UNDER RULES OF COURT 2012

Issue Letter of Demand

Filing of Writ Summons

Prepare and complete documents for filing to Court:-

(a) Form 2 – Writ (High Court); or

(b) Form 2A – Writ (Subordinate Court); and

(c) Form 11 – Memorandum of Appearance (Memorandum of Appearance in duplicate to be appended to Writ); and

(d) Statement of Claims

Service of Writ by way of Personal Service or Prepaid A.R. Registered Post

Service of Writ Successful

Service of Writ Unsuccessful

Make another attempt of Service and if failed

Prepare Affidavit of Non-Service of the Writ

File Notice of Application (Form 57) supported by an Affidavit (Form 134) for a Court Order to serve the Writ by way of Substituted Service

Order for Substituted Service made by the Court (Form 133) upon Hearing the Application

Substituted Service of the Writ as per Court Order (example: publication in the local newspaper)

Affidavit of Service for Writ (Form 135)

Defendant to file:-

(a) Memorandum of Appearance

(b) Statement of Defence and Counterclaim (if any)

Defendant not file the Memorandum of Appearance

Defendant files the Memorandum of Appearance

On the 1st Return Date the Defendant may:-

(a) not appear; or
(b) appear and admit the claim; or
(c) appear and dispute the claim (Statement of Defence)

On the 1st Return Date the Defendant will:-

(a) appear and admit the claim; or

 (b) appear and dispute the claim (Statement of Defence)

(a) If the Defendant not appear

(b) If the Defendant appear and dispute the claim

(c) If the Defendant appear and admit the claim

Judgment In Default of Appearance

Defendant to file Statement of Defence

Consent Judgment

Plaintiff to decide whether:-

To apply Summary Judgment

To wait for a Full Trial Date

 

 

Plaintiff to file Notice of Application (Form 57) supported by an Affidavit (Form 13)

Hearing of Application for Summary Judgment

Court’s Decision

No Triable Issue

Triable Issue

Order for Summary Judgment

Full Trial Date

 

Court’s Decision after Full Trial

Judgment after Full Trial

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