What Is a Reply to a Statement of Defence

What Is a Reply to a Statement of Defence

You have served your application and declaration on the defendant. The defendant has now served his defence on you. This fact sheet looks at what needs to be done in response. Rule 25.08, paragraph 3: «A party shall respond only if required by sub-rule 1 or 2.» So what does this rule say? You just can`t go back on that look and then insert something into the answer just because you feel like you want to respond to the defense statement, no, you can`t. So there are only two specific scenarios included in 25.08 Sub 1 and Sub 2, these are the only two scenarios in which you are allowed to submit a response or submit a response, and you must provide and submit a response. But other than that, you`re not allowed to provide an answer, so it`s important to keep that in mind. (a) at least 6 months have elapsed since the expiry of the defence period referred to in Rule 15.4; Okay, we`ve covered some of the rules that you can still look at in the Code of Civil Procedure, clauses 25 to 29 deal with pleadings, clause 26 deals with amendments, and we`ll deal with that in a separate presentation. And then the conclusion of all of this is that pleadings are important that you need to have a basic understanding of the underlying legal principles because your facts go or must support the legal conclusions that you want the court to draw, and so you formulate your facts accordingly. And if you`re not clear about the legal basis for what you`re arguing in the pleadings, you should seek advice from a lawyer, seek advice, ask the lawyer to review your pleadings, or receive coaching, but make sure that everything you bring to the plea is properly included. It`s covered. You won`t miss any factual or legal issues that you need to deal with. Paragraphs 1, 2 and 3 of the response set out what is admitted, denied and unknown. This is done by indicating which paragraphs of the defence are admitted, rejected or unknown.

I hope these lectures will give you a good understanding of what pleadings, defence, claim, response are. And we will rely on that information. Send us an email or enter comments on YouTube so we can answer some of the questions that come to mind and hope we continue to benefit from these discussions. Thanks for watching. (a) Rule 6.35 (which specifies how the time limit for filing a defence is calculated if the application form is served outside the court under Rule 6.32 or 6.33); (c) Rule 24.4(2) (which provides that if the plaintiff applies for summary judgment before the defendant has filed a defence, he or she is not required to file a defence before hearing summary judgment); and (1) The respondent and the plaintiff may agree to extend the time for filing a defence under rule 15.4 for up to 28 days. Let`s start with the chronology that is crucial and that relates to Rule 25.04 Sub 3, see if we can go to that rule, and it talks about the time of response, so 25.04 Sub 3 is here: «A response, if any, must be served within 10 days of service of the statement of defence, unless: the defendant makes a claim, in which case a rejoinder to any counterclaim must be served within 20 days of service of the claim and counterclaim. So when you receive the statement of defence, you literally have 10 days to prepare, serve and file your response, and if you received the counterclaim in addition to the defence, you have 20 days to do so. So 10 days for the simple defense and 20 days if the defense also has a counterclaim. If you continue with an answer, what precedent or pattern do you use for your answer? You should be able to reuse your claim by entering the court file number. You can also download a professionally formatted response, including a backsheet, from our library of court forms by clicking here. We will talk about timing, which is always important, we will talk about when an answer is needed, and we will discuss whether an answer should be given or whether it is optional, and so we will discuss these points.

(1) The general rule is that the deadline to file a defence is – Welcome everyone, it`s Amer Mushtaq, from You Counsel. Today, we will discuss the final stage of a submission entitled Response to a Civil Action in the Ontario Superior Court of Justice. And as we`ve said in previous conferences, the concepts that we share in relation to advocacy, which means the request, the defense, the response, are very, very basic, it`s a very broad overview of advocacy so that you can understand the basic concepts. Briefs, when you write them, can become very complex because of your legal and factual issues, but all of these briefs are really intended to give you a broader understanding of what these pleadings are. And as I mentioned earlier, we have conferences on bringing a civil lawsuit in Ontario, some of the basic steps of writing a lawsuit, writing a defence, and now we`re going to talk about how to write a response and what you need to consider. Under the Uniform Rules of Civil Procedure, 1999 (UCPR), you can file a response to a defence. 15.2 A defendant who wishes to defend a claim in whole or in part must file a defence. The defendant can respond to your claim in different ways. You can make a legal defense (for example, your claim is time-barred because it is outside the statute of limitations) based on facts or a combination of both. If you find that they have made a legal defense, respond to it in the same way they responded to your complaint. The foregoing plaintiff, in response to the defendant`s written defense, hereby declares: (b) no defendant has served or filed a confession or filed a defense or counterclaim; and A response is often much shorter than the claim or defence that preceded it.

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