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  • Form 21 Originating Claim

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) (Court to complete) *(if proceeding in Magistrates Court, name and provision number of law under which Magistrates Court has jurisdiction to decide claim) (name) Plaintiff (name) Defendant The plaintiff claims against the defendant relying on the facts claimed in the attached statement of claim. Nature of claim (tick appropriate box) debt or liquidated demand motor vehicle death or personal injury employment death or personal injury other death or personal injury other (please.

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There are two types of claims: legal and equitable. While plaintiffs pursuing a legal claim ask a court to award money, litigants bringing an equitable claim ask a court to either prompt or stop a particular action or event.

Originating Summons Compared to writ, originating summons is faster and more linear and less complicated. It costs less, and both parties will have their cases stated in affidavits (written statements confirmed by oaths) to facilitate the process. No witnesses and oral testimonies are required.

These are known as interlocutory applications. Interlocutory applications can be heard ex parte (with no other parties being served with the application) or inter partes (with one or more parties being served with the application).

A claim form is the document used to start proceedings and contains information relevant to the proceedings including the court reference number to be used on all subsequent court documents, the parties to the proceedings, what is being claimed, particulars of the claim including any claim for interest and contact ...

The claim form must contain 'a concise statement of the nature of the claim' (CPR 16.2(1)(a)). The claimant needs to identify in outline the cause, or causes, of action that are being pursued.

A Statement of Claim is a document containing the relevant facts which is relied on to establish your claim. You must file and serve the Statement of Claim on the defendant as the defendant may apply to the court for an order to dismiss your action if you fail to do so.

About Writs of Summons A Writ of Summons (Writ) is the most common example of an originating process. It is a formal document addressed to the defendant which serves to notify them of the proceedings. Examples include claims for damages resulting from a breach of contractual terms and obligations.

The particulars of a claim are a statement that outlines the details of a legal claim that a party is making. It will involve the relevant facts that make up the grounds of the claimant's case. A defendant's response will work in a similar way, and outline relevant points to the litigation.

When is an Originating Claim Filed? An originating claim must be filed when the material facts of the civil claim are in dispute. In contrast, an originating application is filed if it is required under any written law or if the claim concerns a matter of law where there are no disputes over the material facts.

Particulars are essentially the evidence that backs up a claim, and the actual claim itself is what you should argue against. A good disputes and litigation lawyer will set out the relevant facts in response to claims to support your legal position and provide your own correct particulars.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232