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 |
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 |
Wednesday, May 27, 2020
FLOWCHART: CIVIL PROCEEDINGS FOR ACTION COMMENCED BY WAY OF WRIT UNDER RULES OF COURT 2012
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