This page describes the simplified civil process for cases begun by a Writ of Summons (Writ) and heard in the Magistrate's Court or the District Court where all parties consent to the application of the simplified civil process.
Refer to Start a civil claim by Writ of Summons 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 (simplified civil process) to find out about the pleadings you have to file if you contest the plaintiff's claim.
For cases where the simplified civil process applies, when a party files and serves the pleadings on the other party, they must also file and serve a list of documents prepared according to Form 234 of the Rules of Court.
A list of documents sets out every documents that a party has in their possession, custody or power which the party relies or will rely on and can do any of the following:
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 within 14 days of receiving the defence.
The defendant may also make a counterclaim in the same action if they think that they have any 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 your pleadings via eLitigation at the LawNet & CrimsonLogic Service Bureau.
You must follow the Rules of Court and the State Courts 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 | $10 |
File a reply | $10 |
File a defence to a counterclaim | $10 |
File a list of documents | $10 |
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 |
File a list of documents | $10 |
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 an originating process and pleadings
File a request for a default judgment, if needed
Attend court for pre-trial matters
Attend court for trial
Attend court for post-trial matters