Members Area
    
 
   

CIVIL LAW

Pleadings

 Select Topic
 
 Related Topics
Feedback/Reviews/Blogs


The term "pleading" is an informal term given to the formal Statement of Claim filed by the Plaintiff in civil proceedings and to the formal Statement of Defence filed by the Defendant in Civil proceedings.

The pleadings also extend to cover other documentation relating to the factual allegations made by each party to Civil Proceedings such as the formal written Answer to a Notice to Provide Further Particulars.

However, the term "pleadings" usually relates to the Statement of Claim, and any amended Statement of Claim and to the Statement of Defence and any amended Statement of Defence including any counterclaim.

You should click on to our Index Site under  Statement of Claim and Statement of Defence and you should then also click on to the Index Sites relating to  Debt Collection and  Defamation/Slander/Libel in order to see examples of Statements of Claim.

See our related topics box at the top and the bottom of this page and click directly to the topic of your choice. 

The term "pleadings" is used because the Statement of Claim effectively "pleads" what the Plaintiff is claiming in Court and the Statement of Defence effectively "pleads" the defence raised by the Defendant.

The pleadings are the starting point for any Court determining the dispute between the parties to civil action.

The pleadings are never meant to be more than the basic framework for the claim. 

They set out the very basic evidence in simple paragraph form,  then followed by the " Cause of Action " on which the Plaintiff relies,  or the Defendant relies,&n

.....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!


Feedback/Reviews/Blogs
"Never knew what this meant. Now I do. Needs to be read with your other civil topics on suing people etc. Pete A - Whakatane - May 2007"
Feedback/Blogs/Reviews from related topic: ACC
"Hi to Netlaw. I found this a useful overview. I went to the ACC website and found it too difficult to follow. Jim (Dunedin)

"

Feedback/Blogs/Reviews from related topic: ACC
"A helpful site. Explained well. Marty - Timaru - January 2007"
Feedback/Blogs/Reviews from related topic: ACC
"I liked you Civil Index. Not much need for family or criminal but you civil index is very good to have at my fingertips. Thanks for providing this service T. (name withheld)"
"Great assistance. I agree with the above. Your civil topics are great. Better than we get at Polytech where I am studying Business Law. Terry -Dunedin - June 2007"
Feedback/Blogs/Reviews from related topic: ACC
"It's not fair that when you win a case you still have to beg a judge to award you costs and even then the award is always less than you have to pay your lawyer. This happened to me. My lawyer told me that there's always two sides to a story but the judge didn't recognise any validity in the other side's claim yet the nett result is that I recover only about 60% of my costs to my lawyer and the other 40% is about half of what I won in the case. That isn't justice. A real pissed off Kevin J. - Auckland - June 2007"
"NETLAW replies. Yes, we agree. What you need to do in these cases is make an Application for "Full and Reasonable Costs" and argue that the Court should (it can) make a full award. You need to convince a Judge that the other side never really has a chance of winning and that it is unfair that you should have to pay any costs. That is the way it is in the UK and Australia. But in New Zealand, it is usually only a percentage of the costs that you get back. That is unfair in many many cases. NETLAW - June 2007"
Feedback/Blogs/Reviews from related topic: ACC
"Bloody useful and practical. I sued for the recovery of money owing to me by a former friend. He owed me &11,000 so I could not use the Disputes Tribunal. I used a simple Statement of Claim. I forgot the Notice of Proceeding and the Court helped me but I then noticed that you had one on Netlaw. Your documents helped me and the Court staff were pretty good too. Cheers . . . Colin Dunedin - May 2007"
Feedback/Blogs/Reviews from related topic: ACC
"I am a retired Solicitor from Kent in England and the $45 I spent on your site was really helpful because I am intending settling in New Zealand and your "one stop shop" was a real boon to me. Thanks again. Arnold T. Devon, England"
Feedback/Blogs/Reviews from related topic: ACC
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
Feedback/Blogs/Reviews from related topic: ACC
"The fact examples or samples really helped me. Your topic also gave me confidence to speak up for myself. My case was a simple car accident but the other driver wouldn't pay and my lawyer was going to charge me $700 just to help. Netlaw allowed me successfully to "go it alone". Thanks. Thanks. I am on to making my own will now. Miriam (and hubbie)"
Feedback/Blogs/Reviews from related topic: ACC
"Great. See the other topics on Statement of Claim -Some Examples - Graeme - Tauranga"
Feedback/Blogs/Reviews from related topic: ACC
"A fun topic. I can remember when I was a lawyer's secretary. He had a wee figurine of a barrister on his desk with a sign on it saying "Sue The Bastards" but, then, he should know because he was a bastard too, but a very good lawyer. (name withheld)"
Feedback/Blogs/Reviews from related topic: ACC
"My wife and I found this a valuable site. We discovered that the Court staff were not very helpful so if you are filing your own papers then you should make sure you convince them that you know what you are talking about. In the end, the Court staff realised that we knew as much as any lawyer on the topic and we won most of what we wanted. Thanks to you people at Netlaw.

G & J June 2007"

"Hi Richard
I would like to get your thoughts on a proposal I am thinking of putting to our neighbours at a Settlement Conference on Monday. They have applied for an Order to have trees removed in our property under Section 129C of the Property Law Act 1952. It looks unlikely that either party will concede so I was going to suggest that both parties agree to the Conference Judge making a decision based on the facts presented and on the Property Law Act provisions. We would agree to abide by the decision and not appeal providing our neighbours agreed to do the same. This would save the expense and time of a full Court hearing if we otherwise dont reach settlement through the Monday Conference. The outcome should be the same-we are both representing ourselves. I guess if the Judge decides an Order for removal should be made he would have to formalise this through a Court procedure in terms of the Property Law Act but hopefully not through a normal hearing. Would appreciate your comments on this approach. Has it been done to your knowledge, is it feasible, are there any fatal flaws in the idea ?
Cheers Barry C. June 2007"

"Good Morning,

Anything can be done as a Judicial Settlement Conference provided it is done "by consent". We have not heard of a binding decision being made by a Judge at such a Conference in the Civil Court but is has been done by agreement in the Family Court particularly in the urgent situations of Christmas access being arranged at the last minute and the Judge convening a Mediation Conference and both parties agreeing that the Judge can determine such access on the facts.

But there is nothing to stop you trying to persuade the other side to let the Judge make a decision the Judicial Settlement Conference. However, the Judge would have to have all of the information before him or her at the time and this will include photographs and possibly even going out to have a "view" of the site. We have long advocated that there ought to be a system like this within our judicial system, perhaps by way of a souped up Disputes Tribunal presided over by a trained but energetic and innovative legally trained Referee. But we have not got to that stage yet.

By all means, give it your best shot on Monday. Put your case forward in a very well-prepared manner and be totally objective and fair-minded. you may well find that the Conference proceeds in a way favourable view and therefore you are entitled to drop into the discussions from time to time "Well, Judge, why cannot be settled on that basis?" You might well find that the other side does settle and agree and the Judge this then able to wrap it all up with an appropriate order.

Best of luck . . . Netlaw
"

"Thanks Netlaw
The Judge has all the lengthy affidavits, photos etc and I agree he would really need to see the site. Will give it a shot and thanks for your prompt response and encouragement.
Cheers . . . Barry - June 21 2007
"

"Bloody, bloody, bloody helpful. Worth the $45 alone!!! I threatened my neighbours (nicely) with a letter and a bundle of the documents you suggested and they agreed to take down two trees. No lawyers involved. You guys empowered me and I did it myself, successfully. Jim D. Blenheim"
"Thanks Netlaw,
You really gave us the tools to go into court and have a confidance that we were doing the right thing. After 4 court sessions we agreed with our neighbour on the work to be done and a consent order was issued by the court. The trees are now gone and we can look forward to sunlight on our house in the winter. You are helping average joe kiwi to get his rights.
Thanks, Matt - Taupo, February 2008
"

Feedback/Blogs/Reviews from related topic: ACC
"Dear Net Law,
I am perplexed on a matter concerning challenging a will. My father is a very elderly man living in New Zealand, my mother passed away some 35 years ago; I have 6 siblings – 5 males - 1 female all well over the age of 18 years. My father has verbally informed me I shall not be a beneficiary, and/or at best in a minor way. I am not an executor of my fathers will nor have I have seen its contents. My father’s verbal communication has various versions dependent upon his mood. As I understand the situation from your website I can get a copy of my fathers will once probate has been granted and the will is in the public domain, hence one can then get a full understanding of the contents of the will. However how does one challenge a will once probate has been granted?

Netlaw advises: You must advise the executor of the will within 6 months that you intend making a claim and you have 12 months from probate being granted to lodge the claim. But do so as soon as you can.

Netlaw
"

"Dear Netlaw,
I have just found out that i have been left out of my grandparents will. I am 1 of 4 grandchildren and the others are named in the will. How successful might i be in contesting and what is the first step in this process - i am not sure at this point wether it is financially viable to contest as i may end up spending more money contesting through lawyers - your thoughts?
Thanks.

Netlaw replies: You are able to contest a will of a grandparent. Equal sharing is NOT one of the legal principles but the Family Court would want to know why you were left out. We have all the law and procedure on Netlaw but try a good look at the New Zealand Family Court website and look for headings under the Family Protection Act 1955 or "Contesting a Will". There is some good stuff on that website. You could do it yourself if you are prepared to spend a bit of time. There is a section on the Family Court website on representing yourself.

Hope this helps . . . Richard at Netlaw"

 Select Topic
 
 Related Topics