What is a Statement of Claim? How Do You File One?
A statement of claim is the founding document of a legal action.
It is sometimes called a court summons, although in modern legal terminology, it is more common to refer to it as a statement of claim.
The statement of claim pleads the basic facts and evidence of the plaintiff's claim and requests a trial in relation to the evidence.
In New South Wales, for example, a statement of claim is created by using Form 3 under the Uniform Civil Procedure Rules.
These can be downloaded from the court's website.
When filing out the form, you need to make sure that accurate legal names are included including the legal names of any companies, businesses or trust structures which are involved in the litigation.
If you are doing a claim in the local court, sometimes the magistrate will make and appointment to see you about it to help with the drafting of the claim if you are not legally represented.
Once you have filed it, you need to have filed 4 copies and pay the filing fee.
The court retains one copy, one is returned to you and two are for the defendant.
You serve the defendant with copies of the statement of claim and the action is commenced.
Once the defendant has received the documents, they will need to respond within 28 days or else default judgment may be entered against them.
If they defend the claim, the matter is automatically set down for trial.
Once a trail is ready, they can request further and better particulars in relation to the matter and file their defense and prepare evidence which they can submit at the hearing.
It is sometimes called a court summons, although in modern legal terminology, it is more common to refer to it as a statement of claim.
The statement of claim pleads the basic facts and evidence of the plaintiff's claim and requests a trial in relation to the evidence.
In New South Wales, for example, a statement of claim is created by using Form 3 under the Uniform Civil Procedure Rules.
These can be downloaded from the court's website.
When filing out the form, you need to make sure that accurate legal names are included including the legal names of any companies, businesses or trust structures which are involved in the litigation.
If you are doing a claim in the local court, sometimes the magistrate will make and appointment to see you about it to help with the drafting of the claim if you are not legally represented.
Once you have filed it, you need to have filed 4 copies and pay the filing fee.
The court retains one copy, one is returned to you and two are for the defendant.
You serve the defendant with copies of the statement of claim and the action is commenced.
Once the defendant has received the documents, they will need to respond within 28 days or else default judgment may be entered against them.
If they defend the claim, the matter is automatically set down for trial.
Once a trail is ready, they can request further and better particulars in relation to the matter and file their defense and prepare evidence which they can submit at the hearing.
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