Pleading stage of proceedings
The documents used by a party to proceedings to formulate his case in preparation for the hearing are called ‘pleadings’. The following documents are pleadings:
- Particulars of claim
- Declaration
- Counterclaim
- Third party claim
- Interpleader claim
- Plea, with or without special plea
- Further pleadings such as rejoinder, surrejoinder, rebutter and surrebutter
These will be dealt with later in detail.
The most important functions of pleadings are:
- To define the issues upon which the court will be called upon to adjudicate;
- To enable the parties to prepare for trial an the issues as defined;
- To serve as record of the respective claims, counterclaims, admissions and defences which may be relevant in any other or future litigation between the parties;
- To set the parameters within which the proceedings will be conducted and evidence admitted or excluded;
- To determine the burden of the onus of adducing evidence and the right (or duty) to begin.
For more go to Notes on action (trial) proceedings
