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It is vitally important to follow the procedures of civil litigation. If procedures are not strictly complied with, the plaintiff may be estopped from instituting proceedings against the defendant. Procedures of civil litigation are very complicated. It is rare for the whole set of procedures to be completed within one year.
What are the procedures of civil litigation?
The Writ of Summons is sealed by the court clerk at the filing counters with the seal of the court. The court clerk will then keep the original copy for the court file and the plaintiff will take the other 2 copies for his file and service on the defendant. The validity period for a Writ of Summons is 1 year.
The plaintiff must serve the Writ of Summons and the Acknowledgement of Service on the defendant by leaving the about documents at the address of the defendant or by post.
The defendant must return the Acknowledgement of Service to the court within 14 days after the service of the Writ on him and indicate whether he wants to contest the proceedings. Where the defendant returns the above document by post, he must return it within 21 days. The plaintiff will later receive a copy of the Acknowledgement of Service from the court.
Where the defendant decides to contest the proceedings, he must file the Defence to the court within 14 days after the filing of the Acknowledgement of Service to the court. Where the defendant pleads counterclaim in the Defence, he can apply for leave for an extension of the above limitation period. The defendant usually has 28 days to draft the Defence after the service of the Writ of Summons on him.
The plaintiff has the discretion to file the Reply to the court within 14 days after the receipt of the Defence.
Where the defendant pleads counterclaim, the plaintiff must file the Defence to Counterclaim within 14 days after the receipt of the Defence.
Within 14 days after the service and filing of the Defence or Reply has completed (close of the pleadings), the plaintiff can apply for the Hearing of the Summons for Directions. The directions of the court cover mainly the discovery and the exchange of witness statements.
At this stage both parties should prepare a list of documents, indicating the documents of both parties relevant to the issues of the case. Both parties can hence have a clearer picture of the likelihood of success of their claims. The list of documents should be served on the opposing parties and filed to the court. Both parties have the right to examine the documents of the opposing party on the list, except those classified as privileged documents.
Both parties can call witnesses of fact to present in the trial. The witnesses can, at the time directed by the court, prepare full written statements. The statements have to be served on the opposing party and filed with the court. This can let the opposing party and the court know the testimony of the witness before the trial. Where it is necessary, the Expert Written Report may be exchanged.
After the discovery and exchange of witness statements, the plaintiff can apply for directions of Trial.
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