Alert-2 Note

This page is for matters that the Rules of Court 2021 apply to. For content relating to matters that the Rules of Court 2014 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.

Receiving an originating claim (OC)

If you have received a claim document called an originating claim (OC), it means that a party (the claimant) has started a civil claim against you (the defendant).

An OC is a formal document addressed to you, requiring you to attend court if you wish to dispute the claimant's claims.

You should also read the OC to find out:

  • Details of the claimant.
  • The lawyers representing the claimant (if any).
  • The options you can take to respond to the OC.
  • The time limit within which you have to respond to the OC.
  • The nature of the claimant's claim and relief or remedy they are seeking.

About the civil process begun by OC

This section describes the civil process for the following cases:

  • Civil cases begun by OC and heard in the District Court.
    • The District Court hears claim sums between $60,000 and $250,000, or up to $500,000 for road traffic accident claims or claims for personal injuries arising out of industrial accidents.
    • The District Court can also hear cases where the claimant limits their claim to $250,000.
  • Civil cases begun by OC and heard in the General Division of the High Court.
    • The General Division of the High Court hears claim sums exceeding $250,000, or, in the case of road traffic accident claims or claims for personal injuries arising out of industrial accidents, sums exceeding $500,000.
Note
Refer to Respond to a civil claim made by an originating claim (simplified civil process) instead if either of the following applies to your case:
  • Civil cases begun by OC and heard in the Magistrate's Court.
  • Civil cases begun by OC and heard in the District Court where all parties consent to the application of the simplified civil process.

Civil process (OC) step-by-step

The following flowchart provides a quick overview of the progress of a typical case. It does not apply where the Court orders the parties to file and exchange affidavits or evidence-in-chief after pleadings have been filed and served but before any production and exchange of documents.

Upon receiving a Writ

Respond to a Writ

Understand the possible ways you can respond to a Writ.

After the close of pleadings

Prepare the case for trial

The most common step after the close of pleadings is the discovery and inspection of documents. At discovery, parties are expected to disclose to each other documentary evidence.

The court may direct parties to attend a pre-trial conference relating to the matters arising in the action or proceedings.

After the close of pleadings

File an interlocutory application, if needed

In further preparation of a case for trial, either party may also file interlocutory applications with the court. This is done by filing a summons, which should usually be supported by an affidavit.

After a date for the trial is fixed

Attend court for trial

Both the plaintiff and you or your lawyers (if any) will take turns to present your respective cases to the judge during a civil trial.

After a judgment is made

File an application, if needed

If you are not satisfied with the court's judgment or decision after the trial, you may file an appeal.

You may also take steps to enforce an order or judgment if the plaintiff does not comply with it.

After a judgment is made

Attend court for post-trial matters

The court will decide the amount of costs such as fees, charges, disbursements, expenses and remuneration payable between parties after court proceedings conclude.

2022/04/05
Alert-2 Note

This page is for matters that the Rules of Court 2021 apply to. For content relating to matters that the Rules of Court 2014 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.


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