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Questions and Answers
What happens if a defendant does nothing after service?
What happens if a defendant does nothing after service?
A plea on merits handles legal objections to aspects of the claim.
A plea on merits handles legal objections to aspects of the claim.
False
What is the time limit for filing a plea after delivering a notice of intention to defend?
What is the time limit for filing a plea after delivering a notice of intention to defend?
20 days
If a summons has been served outside of the jurisdiction and is over 150 km away, the defendant has __________ to file a notice to defend.
If a summons has been served outside of the jurisdiction and is over 150 km away, the defendant has __________ to file a notice to defend.
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Match the following types of pleas with their descriptions:
Match the following types of pleas with their descriptions:
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What is a dilatory special plea designed to do?
What is a dilatory special plea designed to do?
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Prescription can only be raised by the court at any time during the proceedings.
Prescription can only be raised by the court at any time during the proceedings.
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List one example of a special plea of abatement.
List one example of a special plea of abatement.
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A special plea of _____ involves a claim that has already been adjudicated.
A special plea of _____ involves a claim that has already been adjudicated.
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Match the following types of special pleas with their characteristics:
Match the following types of special pleas with their characteristics:
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Study Notes
Pleadings & Notices
-
Notice of Intention to Defend
- After service, defendant can choose to:
- Do nothing, leading to a default judgment
- Contact plaintiff to settle or make payment arrangements
- Defendant may consent to judgment and enter a notice of appearance
- Prepared & served by defendant's attorney
- Notice has effect to place defendant's attorney on record
- "Notice of withdrawal" required if attorney ceases to represent defendant
- After service, defendant can choose to:
-
Defendant's Choice of Service Address
- Defendant chooses an address for service, typically the attorney's address
- "Kindly take note that the defendant is of intention to defend this action". All further pleadings & notices may be served on defendant's attorney, indicated below
- Signed Attorney of Defendant
- Sent to: Clerk of court
- Copy received on this... day of March 2020
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High Court Service
- Subsequent service after summons: Rule 4A
- HC service may be effected either at physical address for service in notice, by registered post to postal address, or via fax or email
- Service addresses in both courts must be within a radius of 150 km from court
-
Magistrate Court Service
- No restriction type of address (physical or postal)
- Defendant must indicate whether he will accept service through electronic means
- Rule 13(2)(b) provides that defendant indicates if will accept service other than address AND indicates preferred manner
-
Plea and Counterclaim
- Plea: Defendant's reply to plaintiff's claim
- 2 Kinds
- Plea on merits: Deals with substance/validity of claim, (e.g., who's fault was the collision)
- Special plea: Legal objection to some aspect of claim (e.g., prescription, jurisdiction)
- Defendant in his plea:
- Admit averments
- Deny averments
- Contest & avoid (see examples)
- Plead non-admission
- For each & every fact —> he cannot admit or deny —> puts plaintiff to prove
- 2 Kinds
- Time limits for plea
- Both courts: Within 20 days after delivering notice of intention to defend (unless otherwise specified)
- Plea: Defendant's reply to plaintiff's claim
-
Further Manners of Pleading
- Pleading a counterclaim
- Pleading an alternative defense to the main defense
- Plead a tender – to give something back
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Important Notes
- Facts admitted are common cause: no evidence required at trial
-
Plea Time Limits - Time limit to file a plea
-
Plea on Merit – The validity of the claim.
-
Special Plea – A legal objection. (e.g., lack of jurisdiction)
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Description
Test your knowledge on the various aspects of pleadings and notices in legal proceedings. This quiz covers the notice of intention to defend, service addresses for defendants, and high court service rules. Prepare to explore important concepts and procedures critical for legal professionals.
