16. What are pleadings? What documents do the plaintiff and defendant need to serve in the pleading stage?

16. What are pleadings? What documents do the plaintiff and defendant need to serve in the pleading stage?

Pleadings are formal court documents exchanged by the parties in a civil action commenced by writ. They set out, in summary form, the material facts on which each party relies for its claim or defence. Their purpose is to let each side know the case it has to meet, to identify the real issues in dispute, and to define the scope of discovery and trial. 

A party is generally bound by its pleadings. Subject to the court’s discretion, a party may not be allowed to run at trial a case, point or allegation which has not been properly pleaded. 

Only material facts in support of a party’s case, and not the evidence proving those facts, should be pleaded. For example, in a claim for breach of contract, the material contractual terms relied upon should be pleaded, while the signed contract itself is documentary evidence. If necessary, a point of law may also be pleaded. 

All pleadings must be verified by a Statement of Truth. Pleadings must also be filed in the Registry within the same time limit prescribed for their service. 

The timing for filing and serving pleadings is mainly governed by Order 18 of the Rules of the High Court (Cap. 4A) (“RHC”) or the Rules of the District Court (Cap. 336H) (“RDC”), with general rules for calculating time under Order 3 of the RHC or RDC. 

Common pleadings 

Common pleadings include:  

• Statement of Claim: served by the plaintiff; 
• Defence: served by the defendant; 
• Defence and Counterclaim: served by the defendant if the defendant also makes a claim against the plaintiff; 
• Reply:  served by the plaintiff in response to the Defence; 
• Reply and Defence to Counterclaim: served by the plaintiff if there is both a Defence and a Counterclaim; 
• Further and Better Particulars: provided where further details of pleaded allegations are required. 

No pleading subsequent to a Reply or Defence to Counterclaim, such as a Rejoinder, may be served without leave of the court. 

Service and filing of primary pleadings 

The standard timetable for pleadings in an action begun by writ is as follows. 

1. Statement of Claim 

If the Statement of Claim is not already indorsed on the writ, the plaintiff must serve it on the defendant either:  

• with the writ; or 
• within 14 days after the defendant gives notice of intention to defend. 

2. Defence 

A defendant who has given notice of intention to defend must serve a Defence within 28 days after:  

• the time limited for acknowledging service of the writ, usually 14 days; or 
• service of the Statement of Claim, 

whichever is later. 

In practice, if the Statement of Claim is served together with the writ, the defendant will usually have 42 days from service of the writ to serve the Defence, being 14 days for acknowledgment of service plus 28 days for the Defence. 

3. Defence and Counterclaim 

If the defendant wishes to bring a claim against the plaintiff, the defendant may serve a Defence and Counterclaim. The Counterclaim is usually included in the same document as the Defence. 

4. Reply and Defence to Counterclaim 

If the plaintiff chooses or is required to serve a Reply, it must be served within 28 days after service of the Defence. 

If the defendant has served a Counterclaim, the plaintiff must serve a Defence to Counterclaim within 28 days after service of the Counterclaim. 

If the plaintiff serves both a Reply and a Defence to Counterclaim, they must be contained in the same document. 

Exceptions and suspensions affecting time for Defence 

The normal 28-day period for serving a Defence may be suspended or altered in certain situations. 

1. Summary judgment application 

If the plaintiff serves a summons for summary judgment under Order 14 of the RHC or RDC or, where applicable, Order 86 of the RHC or RDC, before the Defence is served, the time for serving the Defence is suspended. 

If the defendant is later granted leave to defend, the Defence must be served within 28 days after the order granting leave, unless the court orders a different period. 

For more information about summary judgment, please refer to “If the defendant has filed a defence, but it does not contain any reasonable points, can the plaintiff apply for a “fast judgment” without going through a trial?” 

2. Jurisdictional challenge 

If the defendant applies under Order 12, rule 8 of the RHC or RDC to dispute the court’s jurisdiction, the time for serving the Defence is suspended. 

If the application is dismissed, the defendant must serve the Defence within 28 days after the final determination of the application. 

3. Amendment of Statement of Claim 

If the plaintiff amends the Statement of Claim without leave under Order 20, rule 3(1) of the RHC or RDC, the time for serving the Defence may be extended to 14 days after service of the amended Statement of Claim, if that is later than the original deadline. 

Close of pleadings 

The close of pleadings is an important procedural milestone because it triggers subsequent steps, including discovery. 

Pleadings are deemed to be closed:  

• 14 days after service of the Reply or Defence to Counterclaim; or   
• if neither a Reply nor a Defence to Counterclaim is served, 28 days after service of the Defence.