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How is the process of Civil Suit? Should Statement of Defence & Affidavit be sent together?

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asked on Apr 25, 2021 at 01:28
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edited on May 28, 2021 at 03:19
 
Just a general inquiry. Upon being served of a writ of summons, Memorandum of Attendance has been filed. How is the procedure after this?

1. Should Statement of Defence (SOD) be sent in first?
2. Is Affidavit & Statement of Defence the same thing or different?
3. Can both Statement of Defence & Affidavit be submitted together? With exhibits being tied to affidavit and counter claim to Statement of Defence.
4. Can anyone provide a sample of Affidavit for defendant?

Thanks.
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3 Answers

answered on Apr 25, 2021 at 01:54
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The SOD is an Affidavit, in your case a "Reply Affidavit".

If you are not clear about the court terms, do seek the services of a lawyer.
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answered on Apr 26, 2021 at 00:03
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edited May 28, 2021 at 03:22
 
Thanks for the feedback. Not able to afford lawyer so I will be self representing. So SOD = Affidavit. This shall be signed by a Commissioner of Oath right? Can the counterclaim be included within the affidavit or shall be separate?
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answered on Apr 26, 2021 at 10:46
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edited May 28, 2021 at 03:27
 
Define your "counter-claim"?
 
A plaintiff makes a claim of damages against a respondent (usually monetary compensation), but a Writ of Summons can be a “Interim Prohibitory Order” or “Interim Injunction” leading to a interlocutory injunction. It is saman you to attend a court proceeding.
 
Can the counterclaim be included within affidavit or shall be separate.
Personally I regard this question above as moot question.
If you want to make whatever “counter-claim” against another party, you have to start another lawsuit on your own.

For the current lawsuit, if you managed to set aside, you may ask for court costs to be awarded to you against the plaintiff.
 
You have not stated what your case is all about, if you try to self-represent, it is easier to commit hara kiri to your case.
 
Take note that all those who did self-representing and won (as have been posted in this forum – including myself), have gone thru initial stages of “losing” and thus learning from bad experiences acquired. Try to copy their “affidavits” can be disastrous. For simple credit cards debt litigation, it is very straight forward but it does not mean other type of cases can be of the same nature.
 
It would be prudent to secure the services of a competent lawyer.
 
You may get simple free public legal aid services from the Bar Council Legal Aid Centre (BCLAC) /Biro Bantuan Guaman (BBG).

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