(1)In an action, pleadings consist of the Statement of Claim and a Statement of Defence (Form 27A) and may include a Reply (Form 27B).

(2)In a counterclaim, pleadings consist of the Counterclaim (Form 27 C-1 or 27 C-2) and a Defence to Counterclaim (Form 27D) and may include a Reply to Defence to Counterclaim (Form 27E).

(3)In a cross-claim, pleadings consist of the Cross- Claim (Form 27F) and a Defence to Cross-Claim (Form 27G) and may include a Reply to Defence to Cross-Claim (Form 27H).

(4)In a third party claim, pleadings consist of the Third Party Claim (Form 27I) and a Third Party Defence (Form 27J) and may include a Reply to Third Party Defence (Form 27K).

(5)A pleading subsequent to a Reply shall not be filed and served except with the consent in writing of the opposite party or by leave of the court.

(1)Every pleading shall be served

(2)Where a person is added as a party by an order of the court or is made a party to a counterclaim or to a third party claim, the party obtaining the order or making him a party shall serve upon him a copy of all the pleadings previously served in the action and in any counterclaim, cross-claim or third party claim.

(3)Where a pleading is an originating process and is required to be served on a party other than an opposite party, personal service is not required.

(1)The time for filing and serving a Statement of Claim is prescribed by Rule 16.08.

(2)The time for filing and serving a Statement of Defence is prescribed by Rule 20.01.

(3)A Reply shall be filed and served within 10 days after service of the Statement of Defence.

(4)The time for filing and serving pleadings in a counterclaim is prescribed by Rule 28.

(5)The time for filing and serving pleadings in a cross-claim is prescribed by Rule 29.

(6)The time for filing and serving pleadings in a third party claim is prescribed in Rule 30.

(1)Every pleading shall contain a concise statement of the material facts on which the party pleading relies for his claim or defence, but not the evidence by which those facts are to be proved.

(2)A party may raise any point of law in his pleading. Conclusions of law may be pleaded provided that the material facts supporting such conclusions are pleaded.

(3)A party need not plead any fact which is presumed by law to be true or where the burden of disproving it lies on the opposite party.

(4)Unless the opposite party has specifically denied it in his pleading, a party need not plead the performance or occurrence of a condition precedent to the assertion of his claim or defence.

(5)A party may plead inconsistent allegations if the pleading makes it clear that such allegations are being pleaded in the alternative, and an allegation in a Reply must not be inconsistent with an allegation made in the Statement of Claim or raise a new claim; such an inconsistent allegation may be pleaded only by way of amendment to the Statement of Claim.

(6)Where notice to any person is alleged, it is sufficient to allege such notice as a fact unless the form or precise terms of the notice is or are material.

(7)Where it is material to allege that an agreement is to be implied from a series of letters or conversations or from any other circumstances, it is sufficient to allege the agreement as a fact.

(8)The effect of a document or the purport of a conversation, if material, shall be pleaded as briefly as possible, but the precise words of the document or conversation shall not be pleaded unless those words are themselves material.

(9)Where fraud, misrepresentation or breach of trust is alleged, the pleading shall contain full particulars thereof; but malice, intent or knowledge may be alleged as a fact without pleading the circumstances from which it is to be inferred.

(10)Where a pleading contains a claim for relief, the nature of the relief claimed shall be specified. Particulars of damages need only be pleaded to the extent that they are known at the date of the pleading, but further particulars shall be filed and served forthwith after they become available and, in any event, not later than the date of entry for trial.

(11)No objection to a pleading shall be taken on the ground that only a declaratory judgment or order is sought, and the court may make binding declarations of right whether or not consequential relief is or could be claimed.

(12)When general damages or exemplary or punitive damages are claimed, no amount shall be stated.

(13)A party may plead a fact which occurred after commencement of the action and, where it occurred after filing and serving his pleading, he may, with leave, file and serve an amended pleading. Leave may be granted on terms as may be just even though the fact gives rise to a new claim or defence.

(14)Where a party’s cause of action or defence is founded on an Act, he shall plead the specific sections on which he relies.

(1)A party, in his defence or reply, shall deny every allegation of fact in the pleading of the opposite party which he disputes; all other allegations of fact in the pleading of the opposite party shall be deemed to be admitted unless the party pleading alleges that he has no knowledge thereof.

(2)If a Reply is not filed and served within the time limited for so doing, the pleadings are closed and every material allegation of fact made in the Statement of Defence is deemed to be denied.

(3)Where it is intended to prove a version of the facts different from that pleaded by the opposite party, a mere denial of the version so pleaded is not sufficient, but the party, in his defence or reply, shall plead his own version of the facts.

(4)A party, in his defence or reply, shall plead every matter upon which he intends to rely to defeat the claim or defence of the opposite party and which, if not specifically pleaded, might take the opposite party by surprise or raise an issue which has not been raised in a previous pleading.

(5)Where an agreement is alleged in a pleading, a bare denial of it by the opposite party shall be construed only as a denial of the making of the agreement or of the facts from which the making of it may be implied.

(6)A denial of the legality or validity of an agreement shall be specifically pleaded.

(7)In an action for damages, the amount shall be deemed to be in issue, unless specifically admitted.

(1)Where a party files and serves a Demand for Particulars (Form 27L) demanding particulars of an allegation in the pleading of an opposite party, and the opposite party fails to supply sufficient particulars within 10 days after service of the demand, the court may, upon such terms as may be just, order that such particulars be filed and served within a specified time.

(2)Where a party demands particulars for the purpose of pleading, he shall have the same length of time

(3)The Statement of Particulars (Form 27M) shall be served on all parties and filed with the clerk.

(1)Unless prejudice will result which cannot be compensated for by costs or an adjournment, the court may, at any stage of an action, grant leave to amend any pleading on such terms as may be just and all such amendments shall be made which are necessary for the purpose of determining the real questions in issue.

(2)A party may amend his pleading

(3)A party who amends a pleading shall file with the clerk a copy of the amended pleading with the changes therein underlined where possible.

(4)Unless ordered otherwise, a copy of an amended pleading shall be served forthwith upon all of the parties to the action.

(5)Where the amended pleading is an originating process, service shall be made on all parties whether or not a party has been noted in default and, if the party to be served has been served with the original pleading and has responded to it, service may be made in any manner set out in Rule 18.

(6)Unless ordered otherwise, a party shall plead to an amended pleading within the time remaining for pleading to the original, or within 10 days after filing and serving the amended pleading, whichever is the longer period.

(7)Where a party has pleaded to a pleading which is subsequently amended, he shall be deemed to rely on his original pleading in answer to the amendment unless he pleads to the amended pleading within the time limited in paragraph (6).

(8)Where a pleading is amended at trial, and the amendment is made on the face of the record, an order need not be taken out and the pleading as amended need not be filed or served unless ordered otherwise.