ORDER 13 PLEADINGS
A - GENERAL
Service of statement of claim.
1.
Unless the Court gives leave to the contrary the plaintiff shall serve a statement of claim in the
manner prescribed in order 3 rule 3 (1) of these Rules together with copies of documentary
evidence therein mentioned on the defendant, or, if there are two or more defendants on
each defendant, and shall do so either when the writ, or notice of the writ, is served on the
defendant unless the Court or Judge in Chambers otherwise orders.
Service of statement of defence.
2.
(a)
(b)
(c)
(d)
(e)
(2)
(1) Subject to sub-rule (2) of this rule, a defendant who enters an appearance and intends to
defend the actions hall, unless the Court gives leave to the contrary serve:
A statement of defence which may include any preliminary objection he wishes to raise to the
plaintiff's action;
List of witnesses to be called at the trial;
Written statement on oath of the witnesses;
copies of every document to be relied on at the trial; and
list of non-documentary exhibits at the time he files his memorandum of appearance.
If a summons under order 12 rule 1 of these Rules is served on a defendant, sub-rule (1) of this
rule shall not have effect in relation to him unless by the order of Court made on a motion on notice
he is given leave to defend the action and, in that case, shall have effect as if it required him to serve
his defence within fourteen days after the making of the order or within such other period as
may be specified in the order.
Service of reply and defence to counter-claim.
3.
(1) A plaintiff on whom a defendant serves a defence shall serve a reply on that defendant
within fourteen days of service of the defence on him if it is needed for compliance with rule 6
of this order and, if no reply is served, rule 10 of this order shall apply.
Civil Form 14
(2) A plaintiff on whom a defendant serves a counter-claim as in Form 14 in Appendix 6 to these
Rules, shall, if he intends to defend it, serve on that defendant within fourteen days a
defence to counter-claim.
(3)
Where a plaintiff intends to file both a reply and a defence to counter-claim, he shall include
them in the same document.
(4)
A reply to any defence shall be served by the plaintiff before the expiration of fourteen days
after the service on him of that defence, and a defence to a counter-claim shall be served by
the plaintiff before the expiration of fourteen days after the service on him of the counter
claim to which it relates.
Pleading to state material facts and not evidence.