Writs and pleadings

Information

Pleadings (sometimes called writs) are court documents that are exchanged by the parties in a case. The person who is bringing the case, i.e., the person who is suing, is known as the "Plaintiff". The person who is being sued is known as the "Defendant".

If you receive a writ or pleading that was sent to you in error, you should contact the solicitor whose name appears on the document.

District Court cases

If the Plaintiff wishes to commence procedings in the District Court, his/her solicitor will prepare and serve a civil summons on the Defendant.

The Defendant (or his/her solicitor) will then give or send to the Plaintiff (or his/her solicitor) a Notice of Intention to Defend to show that he or she intends to defend the case.

If the Defendant believes that he or she actually has a claim against the Plaintiff, the Defendant will also issue a Notice of Counterclaim setting out his/her claim against the Plaintiff.

Circuit Court and High Court cases

If the case is a High Court or Circuit Court case, the Plaintiff's solicitor will usually appoint a barrister to draft the pleadings in the case.

The Plaintiff's barrister will prepare a Civil Bill if the case is a Circuit Court case or an originating summons and Statement of Claim if the case is a High Court case.

The purpose of these documents is to state the case being made against the Defendant. For example, if the case is about a road traffic accident, the writ should clearly set out the circumstances of the accident and why and how the Defendant is at fault. The document will also set out in detail the injuries that the Plaintiff suffered.

When the Defendant receives this document, he or she must enter an appearance to show that he or she is now a party to the case and intends to defend it. The Defendant may then send the Plaintiff a Notice for Particulars requesting further details and more information.

When the Defendant has received Replies to Particulars, it will issue its Defence, setting out why the Defendant is not to blame. If the Defendant believes that he or she actually has a claim against the Plaintiff, the Defendant will include a "counterclaim" with the Defence setting out his/her claim against the Plaintiff.