Wednesday, May 27, 2020

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

Issue Letter of Demand

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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

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

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Service of Writ Successful

Service of Writ Unsuccessful

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Make another attempt of Service and if failed

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Prepare Affidavit of Non-Service of the Writ

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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

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

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

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Affidavit of Service for Writ (Form 135)

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Defendant to file:-

(a) Memorandum of Appearance

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

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Defendant not file the Memorandum of Appearance

Defendant files the Memorandum of Appearance

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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)

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(a) If the Defendant not appear

(b) If the Defendant appear and dispute the claim

(c) If the Defendant appear and admit the claim

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Judgment In Default of Appearance

Defendant to file Statement of Defence

Consent Judgment

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Plaintiff to decide whether:-

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To apply Summary Judgment

To wait for a Full Trial Date

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

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Hearing of Application for Summary Judgment

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Court’s Decision

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No Triable Issue

Triable Issue

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Order for Summary Judgment

Full Trial Date

 

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Court’s Decision after Full Trial

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Judgment after Full Trial

1 comment:

msmk416 said...

This process flow for legal proceedings is so detailed and informative! Have you considered using a tool like Creately’s Flowchart AI to map out and visualize these steps? It could make the process easier to follow and reference.