[Please note that this is a general summary of Civil Litigation in common law jurisdictions and does not constitute legal advice. As each jurisdiction may be different (in particular, each jurisdiction may have its own procedures and timelines), you may want to speak to your local lawyer.]
SUMMARY OF CIVIL LITIGATION DOCUMENTATION TEMPLATES:
Members are often confused on the documents to use for Civil Litigation. The following table is a quick reference guide:
| Documents | When to Use |
| Letter before Action | A letter of ultimatum before taking legal action. This is to be sent after first letter if the defendant does not offer solutions / compensations / deny liabilities. |
| Writ of Summons / Originating Summons | Writ of Summons / Originating Summons issued by the Plaintiff against the Defendant in a claim of for the Court to make a determination. |
| Application Notice to Court | Application Notice to Court is a document in which the applicant states his intention to seek a court order. It replaces Summons in certain jurisdictions. |
| Statement of Claim | Statement of Claim of the Plaintiff against the Defendant relating to a claim to be filed in Court. |
| Notice of Writ / Originating Motion | Notice of Writ / Originating Motion issued by an Applicant through an Application to the Court to be served on the Respondent. It is an alternative to writ where there is no defendant to the proceeding. |
| Witness Statement | A witness statement to be filed in court. This is not sworn under oath as opposed to an Affidavit / Affirmation. |
| Affidavit / Affirmation | Affidavit / Affirmation filed by a Plaintiff / Defendant / third party who is not the Plaintiff / Defendant in support of / in opposition to a court summons. |
| Schedule of Medical Reports | A schedule of medical reports to be filed by the Plaintiff. It lists out a description of the medical reports that accompany this document and is filed with the supporting documents alongside the writ. |
| Notice to Insurer | A Notice to Insurer which is to be filed when a Plaintiff commences proceedings against the Defendant. |
| Affidavit / Affirmation of Service of Originating / Writ of Summons | Affidavit / Affirmation filed by the Plaintiff / Plaintiff's agent in relation to the service of other documents to the Defendant. |
| Acknowledgment of Service of Writ of Summons | Acknowledgement of Service of Writ of Summons by the Defendant. Must acknowledge to indicate if he or she wishes to defend the action and file it with the Registry within 10-14 days of service. |
| Affidavit / Affirmation to Court Summons | Affidavit / Affirmation filed by the Defendant in opposition to a court summons. |
| Defence and Counterclaim | Statement of Defence and Counterclaim of the Defendant against the Plaintiff relating to action from the Plaintiff. |
| Reply and Defence to Counterclaim | Reply and Defence by the Plaintiff to Counterclaim from the Defendant relating to relating to claims by the Defendant. |
| Brief to Counsel | Brief to Legal Counsel (Barrister) on an Action, generally prepared by the Solicitor. |
| Documents List | List of Documents to be filed in court, including objection to produce documents and explanation on why certain documents are missing. |
| Timetabling Questionnaire to be filed after close of pleadings | Questionnaire to be filed with the court to assist in the timetabling of the case. Also useful as a checklist for trial. |
| Order of Directions of the Court | General form of an order for directions given by the court. |
| Notice of Court Order | Notice of Court Order to inform / enforce against any interested parties. |
| Notice of Appeal | Notice of Appeal to be filed at an appellant court appealing for decision / judgment / order made by a lower court. |
| Respondent's Notice to Appeal | Respondent Notice to contend that the decision below should be varied, or affirmed on different grounds or bringing a cross appeal against the decision. |
| Index to Appeal Bundle | Sample of index of bundle of appeal to be used in court of appeal. |
Guide to Civil Litigation
1. Civil Litigation
1.1 Commencing and defending a civil litigation can be very costly in terms of both money and time spent. Generally, the party who loses will be made to pay the other side’s legal costs, so it is best only to begin legal actions that you feel you have a good chance of winning. Prospective litigants will also have to familiarise themselves with the rules and legislation governing the Court’s processes. As always, it is best to try to resolve your legal problem outside of the courts if possible. If you are going to represent yourself, make sure you are familiar with the rules and legislation of the Court.
1.2 Some of the common types of civil action are:
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