This page describes the process for civil cases begun by a Writ of Summons (Writ) and heard in the District Court or the General Division of the High Court.
Refer to Start a civil claim by Writ of Summons (simplified civil process) instead if either of the following applies to your case:
A pleading is a document in which a party states the facts on which they rely for their claim or defence.
Pleadings help parties to:
Both parties have to file pleadings for civil cases.
If you are filing a claim against another party, you are the plaintiff.
The other party is the defendant. Refer to How to respond to a Writ of Summons to find out about the pleadings you have to file if you contest the plaintiff's claim.
As a plaintiff, the pleadings in a civil action you may need to file include:
In general, you should file and serve a Statement of Claim on the defendant together with the Writ of Summons (Writ).
If you are served with the defence, you may choose to file and serve a reply on the defendant within14 days of receiving the defence.
The defendant may also make a counterclaim in the same action if they think that they have a claim against you. In this case, they will file and serve their counterclaim, together with their defence, on you.
If you receive a copy of the defence and counterclaim, you may file and serve a reply together with your defence to the counterclaim on the defendant within 14 days of receiving the defence and counterclaim.
You may choose to file the documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.
If you are representing yourself, you must file the documents through eLitigation at the LawNet and CrimsonLogic Service Bureau.
You must follow the Rules of Court and the State Court Practice Directions or the Supreme Court Practice Directions to prepare your documents before heading down personally to do the filing.
Refer to the following to find out the possible fees to file pleadings. You may also refer to Appendix B of the Rules of Court for the full list of court fees.
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
---|---|
File a Statement of Claim | $20 |
File a reply | $20 |
File a defence to a counterclaim | $20 |
Item or service | Fees |
---|---|
File a Statement of Claim | $200 |
File a reply | $200 |
File a defence to a counterclaim | $200 |
Refer to the following for filing fees if your claim is more than $1 million. In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
---|---|
File a Statement of Claim | $500 |
File a reply | $500 |
File a defence to a counterclaim | $500 |
Both you and the defendant may not file and serve any pleading after pleadings are closed at the expiry of the following time limits:
You may consider entering a default judgment against the defendant if the defendant does either of the following:
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreFile a request for a default judgment, if needed
Prepare the case for trial
File an interlocutory application, if needed
Set down the action for trial
Attend court for trial
File an appeal or enforce judgment or order, if needed
Attend court for post-trial matters