Questions and Answers
What is the time frame within which a Defence must be served and filed after the Defendant's Claim?
What form is used for a Defence to a Defendant's Claim?
What must happen for judgment on a Defendant's Claim to be obtained?
If a main action is dismissed, when will the defendant's claim automatically be dismissed?
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What does a Reply filed by a plaintiff address?
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What is true about the default judgment rules in relation to Defendant's Claims?
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In Small Claims court, how are new fact pleadings and affirmative defences asserted by a defendant treated?
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What happens if a third party is served with a Defendant's Claim?
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What must a Defendant's Claim include regarding the parties involved?
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What is required if the Defendant's Claim is based on a document?
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Under what condition can a Defendant's Claim be heard separately from the original claim?
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Which of the following is NOT a requirement for a self-represented defendant in a claim?
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What information must be included about the claim itself in a Defendant's Claim?
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What can third parties do when a Defendant's Claim is made against them?
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What is necessary regarding the court file number in a Defendant's Claim?
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What should happen if a Defendant's Claim does not provide adequate detail of the occurrences?
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Study Notes
Defendant's Claim Overview
- A Defendant's Claim must include the full names of the parties involved, along with their capacity in which they are suing or being sued.
- The claim must be articulated in concise, non-technical language, detailing the date, place, and nature of the occurrences related to the claim.
- Specification of the claim amount and the relief requested is necessary.
- If self-represented, the defendant must provide their name, address, and contact numbers; if represented, details of the representative and their Law Society registration number are required.
- A service address for the claim against each party must be included.
- The court file number for the main action should be stated.
- If based on a document, a copy must be attached; if unavailable, the claim should explain why.
Hearing of Defendant's Claim
- Typically, a Defendant's Claim is heard in the same trial as the original claim, but can be separated if it complicates or delays the proceedings unnecessarily.
- A Defendant can assert a claim against a third party not already involved in the action, who may then contest the main claim if they file a Defence to the Defendant's Claim.
Defending a Defendant's Claim
- The principles for defending a Defendant's Claim mirror those for defending against a Plaintiff’s Claim.
- A Defence must be filed within 20 days after service of the Defendant's Claim.
- The same Defence Form (Form 9A) is utilized, which can be amended to specify it is for a Defendant's Claim.
Judgment on Defendant's Claims
- Default judgment rules do not apply to Defendant's Claims; a judgment can only be obtained at trial or through motion.
- A third party served with a Defendant's Claim may also defend against the main Plaintiff’s Claim as per the rules.
After Dismissal of Main Action
- A Defendant's Claim is automatically dismissed by the clerk 60 days after the main action's dismissal, unless directed otherwise by the court during this period.
Replies in Small Claims Court
- A Reply can be filed by a plaintiff to address new issues or affirmative defences raised in the Defence.
- Replies are not formally recognized in Small Claims Court; new facts or defences are generally deemed denied unless the plaintiff advises otherwise.
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Description
This quiz covers the essential elements involved in filing a Defendant's Claim, including necessary participant details, claim articulation, and procedural requirements. It also discusses the typical hearing processes of such claims, highlighting their relationship to original actions in court. Test your understanding of these legal concepts and procedures!
