A well written pleading will be made up of paragraphs with each paragraph limited to a single pleaded fact, or with multiple pleaded facts split into multiple sub paragraphs. This further information will be supplied by way of particulars. Some legal practitioners will tell you that a clever litigator will be able to draft their pleading without needing to include particulars at all and in some circumstances this may be correct. The exact definition of particulars varies depends on what Court proceedings are commenced in.
However, the concept remains the same throughout:. Particulars are what tailor the pleadings to specify the material facts of the case that go towards or making out or defending an action.
Without specificity, a pleading which does not detail a reasonable cause of action, causes prejudice, delay, or embarrassment. The worst case scenario may involve a finding that a pleading is an abuse of process and may be struck out. If for example, in Queensland, the defendant in a proceeding reviews a statement of claim and believes that the plaintiff has not provided enough detail to allow the defendant to be aware of the exact allegations made, it may request further and better particulars pursuant to rule of the UCPR.
The details may include certain documents, emails or information in relation to vague allegations that have been provided.
The defendant may request further and better particulars by using what is called a rule letter Letter. However, if the plaintiff does not agree to provide further and better particulars after receiving the Letter, the defendant may file an application for further and better particulars pursuant to rule of the UCPR Application. Note that pursuant to rule of the UCPR , a Letter must be written and presented to the other side before an Application can be made.
The party making the Application must provide a Letter to the other side before filing an Application. What must be included is any information that clarifies the allegation or defends the allegation.
The information can be in the form of specific emails, contracts, patent specifications, fax or minutes for example. Particulars should be provided as concisely as possible. As you can see, there are many possible pleading and motion procedures that a personal injury case may take. This also helps explain why personal injury cases can spread out over weeks, months, and even years. For more information, call our law office at Or if you would prefer to email us, then please visit our contact page.
Your email address will not be published. Contact us today. Basic Pleadings and Motions. Leave a Reply Cancel reply Your email address will not be published. If the defendant fails to respond within the allowed period of time, the court will deem the defendant in default. If a Party is deemed to be in default, the court may render a default judgment in favor of the plaintiff. Subject to the courts review and discretion, the default judgment will award the defendant the legal or equitable remedies sought in the complaint.
A defendant who defaults may be able to later petition the court to set aside the entry of default and judgment. To do so, however, the defendant must provide the court with a justifiable reason for setting aside the default and letting the defendant answer the complaint.
Do you believe that holding a defendant in default is a justifiable action for failure to respond to the initial pleadings? If not, what would be another manner of compelling a response from the defendant? Olivia receives a summons and complaint from a process server. The documents indicate that Matthew is suing Olivia for breach of contract. Olivia is annoyed by the situation.
She replies to the complaint in a long letter that describes a tort that Matthew committed against her several years ago. She fails to address any of Matthews allegations against her for breach of contract. If this is the only response that Olivia makes to the summons and complaint, what is the likely result? Written by Jason Gordon Updated at September 24th, Contact Us If you still have questions or prefer to get help directly from an agent, please submit a request.
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