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RULE 14 Analysis
RULE 14 Service of Pleadings Form of Pleadings
Rules Applicable to all Pleadings
Additional Rules of Pleading Applicable to a Statement of Claim, Counterclaim and Third Party Notice Additional Rules of Pleading Applicable to a Defence and Any Subsequent Pleading
Rules of Pleading Applicable to Subsequent Pleadings and Close of Pleadings
Demand for Particulars Striking Out Pleadings Service of pleadings
14.01.
(1) A statement of claim shall be served as provided in rules 6.01(1) and 6.07, a defence as provided in rule 10.04, a counterclaim and defence thereto as provided in rules 11.01 and 11.02, and a third party notice and defence thereto as provided in rules 12.03 and 12.04.
(2)
All other pleadings shall be served by filing the pleadings with the Court and
serving a true copy on the opposing party, within ten days after service of the
pleading to be answered and excluding the day of such service.
(3) The time for serving any pleading may be extended on order of the Court or the written consent of the parties. Pleadings: formal requirements 14.02. (1) Subject to the rules relating to a counterclaim and a third party notice, every pleading shall contain, (a) at the beginning thereof, (i ) the title of the proceeding setting out the file number of the proceeding, the name of the Court, the names in full, if known, of the parties but not their addresses or occupations, and when a party brings or opposes a proceeding in a representative capacity, the capacity in which the party brings or opposes the proceeding, and (ii) the name of the pleading; and
(b)
at
the end thereof,
(i)
the date of issue by, or the date of filing with the Court, (ii) (A) where a party brings or opposes a proceeding by a solicitor, the name and address for service of the party's solicitor, and (B) where the party brings or opposes a proceeding in person, the party's name and address within the jurisdiction where documents may be served upon the party, and (iii) the name and address of the solicitor or party on whom the pleading will be served. (2) Every pleading shall, if necessary, be divided into paragraphs, numbered consecutively, and each allegation so far as convenient shall be contained in a separate paragraph. (3) Dates, sums and other numbers may be expressed in a pleading in figures and not in words.
(4)
Every pleading shall be signed by the party's solicitor,
or by the party if the party sues or defends in person.
1986 c42 Sch D rule 14.02; 36/14 s17
Rules Applicable to all Pleadings Facts, not evidence to be pleaded 14.03. Every pleading shall contain a statement in a summary form of the material facts on which the party pleading relies for a claim or defence, but not the evidence by which the facts are to be proved, and the statement shall be as brief as the nature of the case admits. Law may be pleaded 14.04. A party by a pleading may raise any point of law. Presumed facts need not be pleaded 14.05. Unless an opposing party has specifically denied it in a pleading, a party need not plead any fact if it is presumed by law to be true or the burden of disproving it lies on the other party. Conditions precedent 14.06. An allegation of the performance or occurrence of all conditions precedent necessary for the case of a party is implied in the party's pleading and need not be set out, and when an opposing party intends to contest the performance or occurrence of any condition precedent the opposing party shall specify the condition and its non-performance in a pleading. Documents or conversations 14.07. The effect of any document or the purport of any conversation referred to in the pleading shall, if material, be briefly stated, and the precise words of the documents or conversation need not be stated except in so far as those words are themselves material. Pleading in the alternative 14.08. A party may plead claims or defences in the alternative. Matter may be pleaded whenever arising 14.09. A party may in any pleading plead any matter that has arisen at any time, whether before or after the issue of the originating document. Departure 14.10. Unless a party amends a pleading, the party shall not in any pleading make any allegation of fact or raise any new ground or claim, inconsistent with a previous pleading. Particulars of pleading 14.11. (1) Subject to rule 14.11(2), every pleading shall contain the necessary particulars of any claim, defence or other matter pleaded, including (a) particulars of any misrepresentation, fraud, breach of trust, wilful default or undue influence on which the party pleading relies; and (b) where a party pleading alleges any condition of the mind of any person, including any disorder or disability of mind or any malice, or fraudulent intention, or other condition of mind except knowledge, particulars of the facts on which the party relies. (2) Where it is necessary to give particulars of debt, expenses, or damages, and those particulars exceed three pages, they may be set out in a separate document referred to in the pleading and the pleading shall state whether the document has already been served and, if so, when or whether it is to be served with the pleading. 1986 c42 Sch D rule 14.11 Additional Rules of Pleading Applicable to a Statement of Claim, Counterclaim and Third Party Notice Claims for relief 14.12. A statement of claim, counterclaim and third party notice shall state specifically (a) particulars of any damages, whether special or general, that are ascertained or ascertainable and capable of being calculated in terms of money, and these damages with the amount thereof shall be claimed as special damages; (b) particulars of any other general damages, but the amount claimed shall not be stated; and (c) any other specific relief or remedy being claimed, other than a claim for general or other relief, but costs need not be claimed. 1986 c42 Sch D rule 14.12 Additional Rules of Pleading Applicable to a Defence and Any Subsequent Pleading Traverse and confession and avoidance 14.13. Subject to rules 14.14 to 14.17, a party in a defence or in any subsequent pleading shall (a) specifically admit every material allegation of fact in a pleading of the opposite party which is not disputed by the party, and all allegations of fact in the pleading which are not specifically admitted shall be deemed to be denied and need not be traversed, either specifically or generally; (b) where it is intended to prove a different version of facts than that relied upon by the opposing party, plead that party's version of the facts; and (c) specifically plead any matter, for example, performance, release, payment, any relevant statute of limitation, statute of frauds, fraud, or any fact showing illegality that (i ) might make any claim or defence of the opposing party not maintainable; (ii) if not specifically pleaded, might take the opposing party by surprise; or (iii) raises issues of fact not arising out of the preceding pleadings. Specific denial of representative capacity, partnership or corporate existence 14.14. Unless a party specifically denies, (a) the right of any other party to claim in a representative capacity; (b) the alleged constitution of a partnership or firm; or (c) the alleged incorporation of a corporate party, it shall not be necessary for the other party to prove it. Denial of contract, promise or agreement 14.15. Where a contract, promise or agreement is alleged in any pleading a bare denial of the same by the opposing party or silence with respect thereto in a defence shall be construed only as a denial in fact of the express contract, promise or agreement alleged, or of the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of the contract, promise or agreement whether with reference to the statute of frauds or otherwise. Denials in claims arising from debts, bills of exchange, etc. 14.16. A party shall specifically deny any material allegation of fact made in support of the claim of the opposing party which he disputes where a proceeding involves (a) a claim for a debt or liquidated demand in money, for example, the order, contract, delivery or amount claimed in a claim for goods bargained and sold or sold and delivered, or the receipt of money in a claim for money had and received; or (b) a claim upon a bill of exchange, promissory note or cheque, for example, the making, drawing, endorsing, accepting, presenting or dishonouring of the document. Defence - claim for possession of land 14.17. A defendant to a proceeding for possession of land must plead specifically every ground of defence on which the defendant relies, and a plea that the defendant is in possession of the land or the defendant's tenant is in possession of the land is not sufficient. Defence of tender 14.18. Where a defence of tender before the commencement of a proceeding is pleaded, the defence may not be relied upon until the sum of money alleged to have been tendered is paid into Court under rules 20.01 and 20.02 and notice of the payment is served upon the parties. Defence of set-off 14.19. Where a claim by a party to a sum of money, whether the amount is ascertained or not, is relied on as defence to the whole or part of a claim made by an opposing party, it may be included in a defence and set-off against the claim, whether or not it is also added as a counterclaim. Costs of improper denials 14.20. Where the Court is of the opinion that any allegation of fact that is denied, or not admitted, whether in a pleading or after notice to admit facts or otherwise, ought to have been admitted, the Court may make an order with respect to any extra costs occasioned by its having been denied or not admitted. 1986 c42 Sch D rule 14.20 Rules of Pleading Applicable to Subsequent Pleadings and Close of Pleadings Pleadings subsequent to the defence 14.21. (1) No pleading subsequent to a defence, or a defence to a counterclaim or third party notice, shall be filed or served without the written consent of the parties or the leave of the Court. (2) Nothing in rule 14.21(1) shall be deemed to limit the right of a party to amend a pleading or to demand or file particulars. Close of pleadings 14.22. (1) Unless the Court otherwise orders, pleadings are deemed to be closed upon the filing and service of the defence or the defence to the counterclaim, and thereupon all material statements of fact in the pleading last delivered shall be deemed to have been denied and put in issue. (2) The pleadings in a proceeding are deemed to be closed as provided in rule 14.22(1) notwithstanding that any request or order for particulars has been made but has not been complied with at that time. 1986 c42 Sch D rule 14.22; 209/87 s4 Demand for particulars 14.23. (1) Where a party, upon receipt of a notice in writing demanding a further and better statement of the nature of the claim or defence of the party, or further and better particulars of any matter stated in any pleading, affidavit or statement of facts of the party, fails to supply them within the time specified in the notice, which time shall not be less than ten days, the Court may, upon such terms as are just, order the particulars to be delivered within a specified time, or, if no time is specified, then the particulars shall be filed and delivered within ten days from the date of the order. (2) The party demanding the statement or particulars shall, unless an order otherwise provides, have ten days for pleading after delivery of the statement or particulars. 1986 c42 Sch D rule 14.23 Striking out pleadings, etc. 14.24. (1) The Court may at any stage of a proceeding order any pleading, affidavit or statement of facts, or anything therein, to be struck out or amended on the ground that (a) it discloses no reasonable cause of action or defence; (b) it is false, scandalous, frivolous or vexatious; (c) it may prejudice, embarrass or delay the fair trial of the proceeding; or (d) it is otherwise an abuse of the process of the Court, and may order the proceeding to be stayed or dismissed or judgment to be entered accordingly. (2) Unless the Court otherwise orders, no evidence shall be admissible by affidavit or otherwise on an application under rule 14.24(1)( a). 1986 c42 Sch D rule 14.24 |