D6

CAP. 336]

District Court Civil Procedure (Forms) Rules

[1983 Ed.

[Subsidiary]

L.N. 183/70.

FORM SA

NOTICE TO BE SERVED WITH WRIT

TO THE DEFENDANT.

1.

2.

3.

4.

If you admit the claim but are not in position to make immediate payment, you may file an application for time to pay or to make payment by instalments. The application must be accompanied by an affidavit setting out in full ALL the details of your financial position.

NOTE that the filing of an application will not prevent the plaintiff from enforcing judgment against you unless and until your application is granted by a Judge.

If you dispute the claim or part of it, or if you have a counterclaim against the plaintiff, you must file a defence or counterclaim setting out the reasons why you dispute the claim or upon which you base your counterclaim.

Any defence or counterclaim must be-

(a) written in the English language;

(b) delivered by hand to the registry of this Court together with a copy.

Note. If there is more than one plaintiff, you should deliver as many copies of your defence or counterclaim as there are plaintiffs.

If you are in any doubt as to what to do on receipt of this writ, or in any other matter connected with this case, you should consult a solicitor or the registry clerk of this Court.

*If you are not represented by counsel or a solicitor you may find it convenient to use a form similar to the following-

"Defence to Action No.

I dispute the plaintiff's claim for the following

reasons-

1.

2.

3.

and/or I counterclaim against the plaintiff as follows-

(here insert the number on the writ)

(each separate matter should be dealt with in a separate paragraph)

1.

2.

3.

Full name and

Signed ....

address of defendant

此表須附夾傳票一同遞交被告人

請被告人注意下列事項:

由本傳票投遞之日起計八天內如台端未有向法院呈遞答辯書,或未有對原告人提出反告,原告人可能獲判得直,並有權不須再行通告而隨時執行裁判令。

如台端承認原告人控訴事項但未能立即付還者,台端可向法院申請援期繳付或提出分期攤付辦法。在提出此種申請時必須附有本人誓章,詳述一切有關本人經濟狀況,作為支持申請理由。提出申請之舉並非便可阻止原告人執行裁判令,而仍須視乎台端之申請能否獲得法官批准而定。

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