Before you respond to a Writ of Summons (Writ), make sure you:
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.
You can respond to a Writ in the following ways.
The party who filed the claim against you is the plaintiff.
You are the defendant.
It is important to respond to a Writ.
Refusing to acknowledge service of a Writ by the plaintiff does not make the service of the Writ on you invalid. It also does not prevent the plaintiff from proceeding further with the case against you.
This will minimise the legal costs you will have to pay in comparison to if you contest the claim.
Alternatively, you may serve on the plaintiff an Offer to Settle prepared in accordance with Form 33 of the Rules of Court. You should not file an Offer to Settle in court.
It is important to respond to a Writ if you wish to contest the claim. The plaintiff may file a request with the court to enter a default judgement against you if you do not:
Refer to the following to find out the possible fees to file the documents. 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 | Fees |
---|---|
File a Memorandum of Appearance (MOA) | $20 |
File a defence | $20 |
File a counterclaim | $20 |
Item | Fees |
---|---|
File a Memorandum of Appearance (MOA) | $100 |
File a defence | $200 |
File a counterclaim | $200 |
Refer to the following for the 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 | Fees |
---|---|
File a Memorandum of Appearance (MOA) | $200 |
File a defence | $500 |
File a counterclaim | $500 |
You may apply to the court to add a person as a third party to a civil action after you have filed the MOA if any of the following applies:
This is known as a third-party proceeding. In third-party proceedings, you will be known as the plaintiff and the third party will be known as the defendant.
You will need to apply for leave (permission) of court before issuing a notice on the third party (third party notice).
The leave of court must be made by ex parte summons prepared in accordance with Form 18 of the Rules of Court, supported by an affidavit stating:
If the court grants leave, you can then issue a third party notice prepared according to Form 16 of the Rules of Court or Form 17 of the Rules of Court.
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 moreRespond to a Writ
Prepare the case for trial
File an interlocutory application, if needed
Attend court for trial
Attend court for post-trial matters