NEW DISTRICT COURT PROCEDURE FROM 01 JULY 2014

Posted by admin In Debts 4 Comments

Written by Shane

Created: 11 August 2014

The District Court from 01 July 2014 has a new process for filing a claim.

The process seems to go back to the formal pleading process of some years ago and a case management conference among other things has been added.

To file a claim in the District Court, you now file:

1. A Notice of Proceeding (in form 1)

2. A Statement of Claim (in form 12)

3. A List of Documents to be relied upon (in form 6)

The defendant will have to file:

1. A Statement of Defence

2. A List of Documents to be relied upon

The defendant will have 25 working days to file a Statement of Defence

<p ” style=”text-align: justify;”>For all documents above that are filed a cover sheet must be used (in form 2)

How do you obtain JUDGMENT BY DEFAULT if no Statement of Defence is filed:

1. An informal request to the Registrar for judgment by default

2. A draft judgment (form 32 or form 33)

3. An affidavit of service (form 16)

4. An affidavit verifying the statement of claim (if the defendant (or their solicitor) was not personally served)

5. A memorandum detailing the costs and disbursements sought.

SUMMARY JUDGMENT IS BACK

A plaintiff may file, without leave, an application for summary judgment either when they commence the proceeding, or up to 10 working days after the statement of defence is filed.

An application for summary judgment is made by filing and serving:

1. an interlocutory application on notice (form 17)

2. an affidavit in support of the application (Word, 26KB)

a notice of proceeding in HCR Form G13 omitting paragraph 4 instead of Form 1 (this only applies if the application for summary judgment is made at the same time as the statement of claim is filed)

Disclaimer:- This is not legal advice; Do not act upon anything in this article before consulting a solicitor