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Respond to a civil claim (simplified civil process)
Receiving a Writ of Summons (Writ)
If you have received a claim document called a Writ of Summons (Writ), it means that a party (the plaintiff) has started a civil claim against you (the defendant).
A Writ is a formal document addressed to you, requiring you to attend court if you wish to dispute the plaintiff's claims.
You should also read the Writ to find out:
- Details of the plaintiff.
- The lawyers representing the plaintiff (if any).
- The options you can take to respond to the Writ.
- The time limit you have to respond to the Writ.
- The nature of the plaintiff's claim and relief or remedy they are seeking.
About the simplified civil process
The courts introduced the simplified civil process to facilitate the fair, quick and inexpensive resolution of disputes for certain cases.
It applies to:
- All civil cases heard in the Magistrate's Court begun by a Writ.
- The Magistrate's Court hears civil cases where the claim amount does not exceed $60,000.
- Civil cases heard in the District Court begun by a Writ if all parties consent to it.
- Parties have to file their consent according to Form 233 of the Rules of Court via eLitigation for the simplified civil process to apply.
- In general, the District Court hears civil cases where the value of the claim is 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 plaintiff limits their claim to $250,000.
Respond to a civil claim (simplified civil process) step-by-step
Refer to the following to find out about the simplified civil process and its key features.
Upon receiving a Writ
Respond to a Writ
Understand the possible ways you can respond to a Writ.
Resolving the dispute
Attend court for pre-trial matters
Depending on the nature of your case, if you wish to contest the plaintiff's claim and file a defence, the court may notify the plaintiff and you to attend a case management conference (CMC).
Attend court for trial
Most cases in the simplified civil process will proceed to simplified trials if parties are unable to resolve their dispute at the CMC.
After a judgment is made
File an appeal or enforce judgment or order, 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.
Attend court for post-trial matters
The court will decide the amount of costs and disbursements as may be payable between parties after court proceedings (including appeals) conclude.
2021/10/13
Key features
Key features of the simplified civil process include:
The purpose of this rule is to ensure that every party has the fullest possible particulars of the other party’s case at an early stage of the proceedings, in order to facilitate a resolution of the dispute.
Depending on the nature of the case, parties may have to attend a CMC before a judge who will assist them in the management of their case at an early stage of the proceedings.
Every case dealt with at the CMC is encouraged to explore suitable alternative processes to resolve their dispute without going to trial.
If parties are unable to resolve their dispute and their case has to proceed for trial, the court may give directions for a simplified trial.
During a simplified trial, the court may allocate strict time limits for parties to present their case.
Parties are not able to make interlocutory applications for:
- Discovery and inspection of documents.
- At discovery, parties are expected to reveal to each other documentary evidence that is relevant to the issues in the case. The court will manage these aspects of a case at the CMC along with other interlocutory matters.
- Interrogatories.
- Interrogatories are formal questions posed by one party which the other party must answer under oath. The court will manage these aspects of a case at the CMC along with other interlocutory matters.
- Summary judgment and disposal of case on point of law.
- The summary judgment procedure, which tends to be drawn out by parties through the sequential filing of affidavits, will no longer apply. Cases which warrant a summary process will be dealt with at the CMC and simplified trial.
Resources
Refer to the Guide to Common Civil Justice Processes (PDF, 1476 KB).
Legislation associated with this topic includes Order 108 of the Rules of Court.
Refer to Part III of the State Courts Practice Directions forthe simplified process for civil proceedings in the Magistrate’s Court.
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