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Is a chamber summons a pleading?

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Is a chamber summons a pleading?

In the courts view chamber summons are not pleadings as defined by section 2 of the Civil Procedure Act. The section amongst others states that summons are pleadings. It is clear that the summons referred to therein are originating summons and not chamber summons.

Is the summons a pleading?

[2-4920] Definition of “pleading” The word “pleading” is defined in the Dictionary to the UCPR as including a statement of claim, defence, reply and any subsequent pleading, and as not including a summons or notice of motion.

What is considered a pleading?

Pleadings are certain formal documents filed with the court that state the parties’ basic positions. Probably the most important pleading in a civil case, since by setting out the plaintiff’s version of the facts and specifying the damages, it frames the issues of the case.

What does Chamber summons mean?

Chamber summons or Interlocatory summons: This document is a summons used to bring an existing legal action before the court for orders that are designed to ready the action for hearing. These may also be known as a chamber summons or application and are generally supported by affidavits and not spoken evidence.

When would you use a chamber summons?

Applications by way of Chamber Summons are used when seeking orders within a pending suit. The Applications are normally requested for certain orders and the court will not usually grant the orders unless it has heard both sides.

What are originating summons?

Originating Summons are intended to enable simple matters without the expense of bringing an action in the usual way but are not meant to determine matters which involve a serious question.

What are examples of pleadings?

The following are some of the most common pleadings and motions in any civil trial or case:

  • The Complaint.
  • The Answer.
  • The Counterclaim.
  • The Cross Claim.
  • The Pre-Trial Motions.
  • Post-Trial Motions.

What is the purpose of chamber summons?

Chamber summons may be defined as a document issued by the court summoning a person to appear before it for the purpose of hearing an application lodged by another party. In other words, chamber summons refers to the legal document which is primarily used to initiate civil applications.

What is an originating summons?

From Longman Business DictionaryRelated topics: Law oˈriginating ˌsummons British English a document which formally begins a legal case where people agree on the facts, but need a judge to decide on the meaning of a law, contract, or other documentThe Crown struck out the originating summons on the grounds that the …

How do you write a chamber summons?

The valid chamber summons must contain;

  1. name of the court.
  2. case number.
  3. parties.
  4. title.
  5. the supporting law (enabling provision)
  6. the name of the presiding judge or magistrate.
  7. the date and a time where the application will be heard.
  8. Prayers.

Is a summons and originating process?

In NSW, an originating process may either be a statement of claim or a summons. You must use a statement of claim when the proceedings involve a substantial dispute of fact. This will initiate the pre-trial and trial processes for that specific purpose. You must use a summons where the issue is a question of law.