If your Defence is unreasonably long, it could make the proceedings lengthy and difficult to defend, or you may find that parts of your defence are "struck out". The object is to expedite the hearing and not to scuttle the same.
The suit must be one for the recovery of money. You can often admit a lot of the allegations in a Statement of Claim and still draft a successful Defence.
Respond to each of the claims. It will articulate each of the accusations that the plaintiff is making against you. This may have adverse consequences for you, and could make the proceedings unnecessarily lengthy. Admissions If you are satisfied that an allegation is true, you should admit the allegation.
If your Defence is unreasonably long, it could make the proceedings lengthy and difficult to defend, or you may find that parts of your defence are "struck out".
This may have adverse consequences for you, and could make the proceedings unnecessarily lengthy. Non admissions You only have a short amount of time to prepare your defence and many of the allegations in the statement of claim may be outside your knowledge at this point. Under Order VIII Rule 10 where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the court, the court shall pronounce judgment against him or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up.
Write a short sentence in response to each paragraph.
You must serve the Defence as soon as possible. There are some circumstances where you may agree that you owe the plaintiff the whole of the amount being claimed.
Keep both your notice of intention to defend and your defence together - those 2 documents combined make up your defence. Rule of the UCPR sets out the obligations that you will have if you plead a non admission in your defence.
Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons".
Show how your actions were not in violation of the law. It is not a part of the substantive law. Tips Conduct research on the rules and regulations in your state governing the drafting of defense statements in your state by visiting the law library in your county to investigate on the court laws relating to your case.
If the denial of a fact is not specific but evasive, then the said fact is to be taken to have been admitted. The defendant never agreed to purchase the property from the plaintiff. Examples of Statement of Defence Up dated on June 4, There may also be particular types of defences that you could be required to particularise, such as the defences of performance of a contract, contributory negligence or waiver to name just a few.
Contact us The information in this resource is for general information purposes only. East India Trading Co. You must then serve a copy of the Defence on the plaintiff and on any other parties, such as other defendants.
End the letter strongly as well. On 1 Maythe plaintiff and the defendant entered into a written contract for the sale of the property.
A non-complying defence would read as follows: Rule of the UCPR sets out the obligations that you will have if you plead a non admission in your defence.
The written terms of the Contract were as follows:Check over the statement of defence, and anything you missed or can explain or you may need to counter what they said in their statement of defense, Then put in a amended statement of Claim make sure you include what you disagree on in your “reply to the defence.
In UK law, a defence statement is mandatory if you are pleading guilty in a crown court. It is not mandatory in a magistrates’ court, but it will typically assist your defence to have a pre-prepared statement.
You will be given details of the case against you. A statement of defense is a legal document. It is a written response that answers or replies to specific allegations that have been filed against you in a lawsuit. As the defendant, you will receive a summons in the form of a statement of complaint.
Write a strong beginning statement. The first line will set the tone for the rest of the letter, so it will need to sound confident, professional, and ready to defend yourself.
When you write an academic essay, you make an argument: you propose a thesis and offer some reasoning, using evidence, that suggests why the thesis is true. When you counter-argue, you consider a possible argument against your thesis or some aspect of your reasoning.
When drafting your defence, you need to respond to the statement of claim, which will be the longer of the two documents. The Statement of Claim should be drafted as a series of numbered paragraphs, sometimes with sub-paragraphs. View each of those numbered paragraphs as a separate allegation that you must respond to.Download