Civil Justice Reform: An Overview
L1.  What should be considered before taking legal action [Sample court forms]
L2.  What should be noted about civil proceedings
L3.  What are the stages in a civil action
L4.  How to prepare for a hearing or trial
L5.  How is a trial or hearing conducted in court
L6.  What are Statements of Truth
L7.  How to shorten legal proceedings: Order 13A admissions in monetary claims
L8.  How to shorten legal proceedings: Sanctioned offers and sanctioned payments
L9.  How to apply for judicial review
L10.  How to appeal
L11.  What is taxation of costs
L12.  Civil Justice Reform: Transitional Arrangements
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Sample court forms


Note:

1.

The samples are designed for your reference only. They show the form of the court documents. They are not meant to be the sample for your case. You should make adjustments to the sample to suit your own case. If you have doubt, you should consult your own lawyer.

2.

Before you consider the samples, you should first read the explanatory notes carefully.

   

1)

Explanatory Notes for Preparing A Statement of Claim

 

Contents

1.

The purpose of a statement of claim is to set out the material facts about the case, the basis for the claim and the remedies which the plaintiff seeks.

2.

The statement of claim should not include:

 

(i)     

scandalous matters;
 

(ii)    

abusive matters;
 

(iii)    

your own analysis or opinion of the case.

3.

Find out who the proper defendant is. It may be a natural person, a sole proprietorship, a partnership firm or a limited company. If it is a sole proprietorship or a firm, you should check the business registration record for the proper name and address(es) for the purpose of service. If the defendant is a sole proprietorship, state the name of the defendant as "[name of person] trading as [name of the business entity]". If the defendant is a limited company, make a search at the Companies Registry for its proper name and registered office for the purpose of service.

4.

Identify the contract. State whether or not it was made orally, or in writing or partly oral and partly in writing. If in writing, identify the contractual document. It may be a single contract, or embodied in a series of letters or purchase orders. If made orally, identify the parties to the contract, persons representing each party, when and where the contract was made.

5.

Identify the relevant clauses in the contract that you wish to rely on.

6.

State the work done or services supplied pursuant to the contract.

7.

State how the defendant has breached the contract, giving full particulars.

8.

If you make serious allegations like fraud or illegality, give full particulars of the identity of the person(s) involved, his fraudulent knowledge, his involvement and acts done.

9.

State what loss and damage you have suffered. Give particulars and quantify the amount, if possible.

10.

State whether there have been remedial measures or steps in mitigation of loss. State the cost involved.

11.

State whether or not there has been any demand prior to issue of the writ.

12.

State whether or not the defendant has compensated or agreed to compensate you in any way.

13.

State the reliefs that you seek.

   
 

Format

14.

The statement of claim can be in English or Chinese.

15.

It is preferable to type out the statement of claim. If it is not possible to have it typed out, make sure the handwriting is legible.

16.

Set out the facts in chronological order.

17.

Use a separate paragraph for each point. If possible, state the date, place and person involved in each event. State clearly the acts done.

18.

Number each paragraph.

19.

If the particulars are too many, you may prepare a schedule and annex it to the statement of claim.

20.

It is NOT necessary to enclose any documentary evidence to the statement of claim.

21.

The plaintiff should verify the statement of claim with a statement of truth in the following terms: “ I / The plaintiff believes that the facts stated in this statement of claim are true.”

22.

State the date on which the statement of claim is completed.

23.

The plaintiff must sign at the end of the statement of claim.

   
 

Filing and Serving a Statement of Claim

24.

You can file and serve the statement of claim together with the writ of summons.

25.

Or you can file the statement of claim within 14 days after the defendant has given notice of intention to defend, in which case paragraphs 26 and below will apply.

26.

Serve a copy of the statement of claim on the defendant.

27.

If the defendant (other party) is represented, service can be effected by leaving at the business address of the solicitor acting for that party.

28.

If the defendant (other party) is not represented, service can be effected by:

  (i)  leaving at the registered office if the other party is a limited company;
  (ii)  handing to or leaving with the other party personally;
  (iii)  posting (by ordinary, recorded or registered post) to the other party at his usual or last known address or, in the case of a firm, to last known place of business within Hong Kong; or
 

(iv)   

leaving at the other party's usual or last known address or, in the case of a firm, at the principal / last known place of business within Hong Kong.

29.

If you serve by post, keep the certificate of posting, if any.

30.

In respect of proceedings in the High Court, pleadings or amended pleadings shall not be served during the summer vacation of the Court, i.e., in the month of August, except with the permission of the Court or with the consent of all the parties to the action.

 

Sample on Breach of Contract

Sample on Debt Due

Sample on Dishonoured Cheque

Sample on Goods Sold and Delivered


   

2)

Explanatory Notes for Preparing A Defence and/or Counterclaim

 

Defence

1.

Check that you are the proper party being sued.

2.

The purpose of a defence is to set out the material facts of your defence and the basis therefor.

3.

In answer to each paragraph of the statement of claim, state clearly the matter(s) pleaded in that paragraph which you admit and which you do not. If you do not deny, you are deemed to have admitted those facts.

4.

If you deny an allegation, state your reason for denial, e.g. a term in the contract.

5.

The defence should not include:

 

(i)     

scandalous matters;
 

(ii)    

abusive matters;
 

(iii)    

your own analysis or opinion of the case.
 
 

Counterclaim

6.

If you want to counterclaim against the plaintiff, you should include the counterclaim in the same document as your defence.

7.

The purpose of a counterclaim is to set out the material facts of your counterclaim, the basis therefor and the remedies which you seek. Very often, the basis is more or less the same as your defence.

8.

If your counterclaim is based on the same contract, identify the relevant clauses that you wish to rely on.

9.

State how the plaintiff has breached the contract, giving full particulars.

10.

State what loss and damage you have suffered. Give particulars and quantify the amount, if possible.

11.

State what remedial measures or steps in mitigation have been taken. State the cost therefor.

12.

State whether or not there has been any demand prior to the counterclaim.

13.

State whether or not the opposite party has compensated or agreed to compensate you in any way.

14.

State the reliefs that you seek.

15.

State whether or not you want to set off your monetary counterclaim against any sum awarded to the plaintiff under the statement of claim.

 
 

Format of the Defence and/or Counterclaim

16.

The defence and/or counterclaim can be in English or Chinese.

17.

It is preferable to type out the defence and/or counterclaim. If it is not possible to do so, make sure the handwriting is legible.

18.

Use a separate paragraph for each point.

19.

Number each paragraph.

20.

If the particulars are too many, you may prepare a schedule and annex it to the defence and/or counterclaim.

21.

It is NOT necessary to enclose any documentary evidence to the defence and/or counterclaim.

22.

You should verify the defence and/or counterclaim with a statement of truth in the following terms:"I / The defendant believe(s) that the facts stated in this defence and/or counterclaim are true."

23.

State the date on which the defence and/or counterclaim is completed.

24.

You must sign at the end of the defence and/or counterclaim.

 
 

Filing and Serving a Defence and/or Counterclaim

25.

File the defence and/or counterclaim by delivering the original to the High Court Registry.

26.

Serve a copy of the defence and/or counterclaim on the opposite party.

27.

If the other party is represented, service can be effected by leaving at the business address of the solicitor acting for that party.

28.

If the other party is not represented, service can be effected by:

  (i) leaving at the registered office if the other party is a limited company;
  (ii)  handing to or leaving with the other party personally;
  (iii) posting (by ordinary, recorded or registered post) to the other party at his usual or last known address or, in the case of a firm, to the principal / last known place of business within Hong Kong; or
 

(iv)    

leaving at the other party's usual or last known address or, in the case of a firm, at the principal / last known place of business within Hong Kong.

29.

If you serve by post, keep the certificate of posting, if any.

30.

In respect of proceedings in the High Court, pleadings or amended pleadings shall not be served during the summer vacation of the Court, i.e., in the month of August, except with the permission of the Court or with the consent of all the parties to the action.

 

Sample of a Defence and Counterclaim

   

3)

Explanatory Notes for Preparing A Reply and/or Defence to Counterclaim

 

Reply

1.

If you do not file a reply, you are deemed not to have admitted any of the allegations in the defence.

2.

In answer to each paragraph of the defence, state clearly the matters pleaded in that paragraph which you admit and which you do not.

3.

If you deny an allegation, state your reason for denial, e.g. a term in the contract.

   
 

Defence to Counterclaim

4.

If you wish to contest the counterclaim, you must file a defence to counterclaim. Otherwise, the defendant may seek default judgment against you on the counterclaim.

5.

Check that you are the proper party being counterclaimed against.

6.

In answer to each paragraph of the counterclaim, state clearly what facts pleaded in that paragraph you admit and what you do not. If you do not deny, you are deemed to have admitted those facts.

7.

If you deny an allegation, state your reason for denial, e.g. a term in the contract.

8.

If the facts of the defence to counterclaim are closely related to your claim, you may just state that you repeat the statement of claim and the reply. If, however, you have additional reasons to contest the counterclaim, you should state them.

9.

State whether or not you want to set off any monetary award made in your favour against any sum awarded under the counterclaim.

 

Format of the Reply and/or Defence to Counterclaim

10.

The reply and/or defence to counterclaim can be in English or Chinese.

11.

It is preferable to type out the reply and/or defence to counterclaim. If it is not possible to do so, make sure the handwriting is legible.

12.

Use a separate paragraph for each point.

13.

Number each paragraph.

14.

If the particulars are too many, you may prepare a schedule and annex it to the reply and/or defence to counterclaim.

15.

It is NOT necessary to enclose any documentary evidence to the reply and/or defence to counterclaim.

16.

You should verify the reply and/or defence to counterclaim with a statement of truth in the following terms: “I / The plaintiff believe(s) that the facts stated in the reply and/or defence to counterclaim are true.”

17.

State the date on which the reply and/or defence to counterclaim is completed.

18.

You must sign at the end of the reply and/or defence to counterclaim.

   
 

Filing and Serving a Reply and/or Defence to Counterclaim

19.

File the reply and/or defence to counterclaim by delivering the original to the High Court Registry.

20.

Serve a copy of the reply and/or defence to counterclaim on the opposite party.

21.

If the other party is represented, service can be effected by leaving at the business address of the solicitor acting for that party.

22.

If the other party is not represented, service can be effected by:

  (i) leaving at the registered office if the other party is a limited company;
  (ii)  handing to or leaving with the other party personally;
  (iii) posting (by ordinary, recorded or registered post) to the other party at his usual or last known address or, in the case of a firm, to the principal / last known place of business within Hong Kong; or
 

(iv)   

leaving at the other party's usual or last known address or, in the case of a firm, at the principal / last known place of business within Hong Kong.

23.

If you serve by post, keep the certificate of posting, if any.

24.

In respect of proceedings in the High Court, pleadings or amended pleadings shall not be served during the summer vacation of the Court, i.e., in the month of August, except with the leave permission of the Court or with the consent of all the parties to the action.

 

Sample of Reply and Defence to Counterclaim

   

4)

Statement of Truth

 

Please refer to Leaflet 6 “What are Statements of Truth”.

   

5)

Case Management Questionnaires

   

Sample of Timetabling Questionnaire

Sample of Listing Questionnaire

   

6)

Explanatory Notes for Preparing a List of Documents

   

1.

The purpose of a list of documents is to inform the opposite party what documents relevant to the issues in the case are in your possession, or can be obtained by you from any third party (e.g. a bank) or had once been in your possession, and what documents you object to produce.

2.

The documents include your own documents, those you have obtained from the opposite party and other sources (e.g. expert reports).

3.

You have to disclose all the documents relevant to the issues in the case even if some of those documents may be detrimental to your own case.

4.

Normally there are 2 schedules in a list of documents, and schedule 1 consists of 2 parts.

   
 

Schedule 1 - Part 1

5.

You should set out the documents in a chronological order.

6.

If there are many documents of the same nature, you can refer to them as a bundle and state the period they cover.

7.

The description of documents, though brief, should be sufficient to enable the other party to identify them.

8.

State whether those documents are originals or copies.

   
 

Schedule 1 - Part 2

9.

Give a brief description of the type of documents you object to produce.

10.

Give your reasons for objection. The reasons must be those recognized by law e.g. privileged documents between a party and his solicitor or experts in order to prepare for the case.

11.

If you object for no good reason, the other party may apply to court for an order for you to produce those documents and to file an affidavit or affirmation to verify if any specified document is in your possession. This may incur costs.

   
 

Schedule 2

12.

Give a brief description of the documents which have been but at the date of service of the list of documents are no longer in your possession, custody or power.

   
 

Notice to Inspect

14.

Inspection is usually done within 7 days after each party has filed his list of documents.

15.

You may inspect the originals of the documents listed in schedule 1, part 1.

16.

Inspection should take place on the date and time specified in the list of documents.

17.

Upon inspection, you may request the other party to supply you with copies of the documents. You may, however, have to bear the photocopying charges.

 

Sample of a List of Documents

   

7)

Explanatory Notes for Preparing A Witness Statement

 

Who Can Be A Witness?

1.

A witness is a person having personal knowledge of facts relating to the matters in dispute in a case.

2.

A person (X) may have heard someone (Y) describe an incident or report a situation witnessed by Y to him. Y should be a witness to that incident or situation. X should not, because what he will be able to say is "hearsay" evidence, which carries little or no weight.

3.

The plaintiff or defendant himself can be a witness. So can his relatives, agents and employees, provided they satisfy the requirement in paragraph 1.

4.

If the plaintiff / defendant is a business entity, it can give evidence through its proprietor, employee or director.

5.

Whether or not the plaintiff / defendant makes a witness statement, he (it) can ask other witnesses to make statements for him (it).

 
 

Contents

6.

State the name, occupation and address of the witness.

7.

State on whose behalf the statement is prepared.

8.

A witness (who is not the plaintiff/defendant himself) should state his job title and relationship with the plaintiff/defendant.

9.

Set out the facts which the witness knows about the case or part of a case in chronological order. The statement may form the evidence in chief of that witness unless otherwise directed by the trial judge.

10.

If possible, state clearly the date, place and person involved in each event, with details of the agreement or acts done. If necessary, identify, refer to and explain the documents.

11.

A witness may not necessarily know the full facts of a case. You may need more than one witness to prove all the facts in dispute. Each of those witnesses has to file a separate statement.

12.

Where matters are not in dispute, it is not necessary to prepare witness statements on those matters. Otherwise, you may have to bear the costs wasted on their preparation and the opposite party's costs of perusing them.

13.

If a person purports to give evidence as an expert, he should state clearly his qualifications and expertise in that area.

14.

Save for an expert witness, a witness should not give his own analysis or opinion of the case. An expert witness can give opinion within his expertise.

15.

The witness should not include the following matters in his statement:

 

(i)    

scandalous matters;
 

(ii)    

abusive matters.

16.

WARNING: a witness is personally liable for the contents of his statement. At the trial, the witness may be asked to confirm under oath that the contents of his statement are true. If a witness knowingly gives false or misleading information, he may be liable to imprisonment for perjury. In addition, proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false witness statement verified by a statement of truth without an honest belief in its truth.

   
 

Format of a Witness Statement

17.

The statement can be in English or Chinese and, as far as possible, in a language which the witness understands.

18.

It is preferable to type out the statement. If it is not possible to have it typed out, make sure the handwriting is legible.

19.

State the full name of the witness.

20.

State the place of residence of the witness or, if he is making the statement in his professional, business or other occupational capacity, the address at which he works, the position he holds and the name of his firm or employer.

21.

State the occupation of the witness or, if he has none, his description.

22.

State on which party's behalf the witness statement is prepared.

23.

Set out the facts in chronological order.

24.

Use a separate paragraph for each event.

25.

Number each paragraph.

26.

If the statement contains dates, sums or other numbers, they should be expressed in figures and not in words.

27.

The witness must verify his statement with a statement of truth in the following terms: “I believe that the facts stated in this statement are true.”

28.

State the date on which the witness statement was made.

29.

The witness MUST sign at the end of the statement. 

   
  Filing and Serving Witness Statements

30.

The court normally orders witness statements to be exchanged between the parties. Parties may arrange for the exchange between themselves so that each party gets the other's witness statements at the same time. If the court orders witness statements to be filed, observe paragraphs 31 to 34 below.

31.

File the witness statement by delivering the original to the Court Registry.

32.

Serve a copy of the witness statement on the opposite party / parties to the case.

33.

If the other party is represented, service can be effected by leaving at the business address of the solicitor acting for that party.

34.

If the other party is not represented, service can be effected by:

 

(i)

leaving at the registered office if the other party is a limited company;

 

(ii)

handing to or leaving with the other party personally;

 

(iii)

posting (by ordinary, recorded or registered post) to the other party at his usual or last known address or, in the case of a firm, to the principal / last known place of business within Hong Kong; or

 

(iv)

leaving at the other party's usual or last known address or, in the case of a firm, at the principal / last known place of business within Hong Kong

 

Note

35.

If a person knows facts relevant to your case but he is unwilling to be your witness, you may issue a subpoena for him to attend the hearing for which his evidence is required. This will usually be required for the trial; normally no witnesses are required for the hearing of a summons.

36.

If possible, apply for leave to issue a subpoena at least 3 weeks in advance of the hearing. This will give sufficient time for you to serve the subpoena.

37.

On your request, the bailiff can serve the subpoena for you. However, you must pay the necessary fees.

 

Sample of a Witness Statement

   

8)

Explanatory Notes for Preparing An Affidavit or Affirmation

  Contents of an Affidavit/Affirmation

1.

When you issue a summons, you normally need to file an affidavit or affirmation in support. (Subsequent references to affidavit shall include affirmation as well.)

2.

On the other hand, if you are served with a summons, and you wish to oppose it, you have to file an affidavit stating your reasons.

3.

The purpose of an affidavit is to set out the facts on oath in support of or in opposition to the application stated in the summons.

4.

The facts must be those of which you have personal knowledge. If you do not have personal knowledge, you should state the source of your knowledge, information or belief and state whether or not you believe in the truth of those facts. Alternatively, you can ask the person who has personal knowledge to make the affidavit.

5.

If you are making the affidavit as an expert, you should state your qualifications and expertise. Subject to the court's approval, you may then give your opinion as an expert.

6.

The affidavit should not include:

 

(i)     

scandalous matters;
 

(ii)    

abusive matters;
 

(iii)    

your own analysis or opinion of the case save for the situation stated in paragraph 5 above.

7.

If you wish to rely on documentary evidence in support of your version of facts, those documents should form exhibits to your affidavit and be clearly marked with consecutive exhibit numbers.

8.

You or the person who made the affidavit are warned that you or that person as the case may be are personally liable for the contents of the affidavit. It is an offence of perjury punishable by imprisonment for a person to knowingly give false or misleading information.

   
 

Format

9.

If you are a Catholic or Christian, you make an affidavit; if you have other religions or no religion, you make an affirmation.

10.

The affidavit can be in English or Chinese.

11.

It is preferable to type out the affidavit. If it is not possible to have it typed out, make sure the handwriting is legible. Otherwise the court may have to adjourn the matter for you to file a legible copy and you may have to bear the costs of and occasioned by the adjournment.

12.

Set out the facts in chronological order.

13.

Use a separate paragraph for each point. If possible, state the date, place and person involved in each event. State clearly the acts done, or words said.

14.

Number each paragraph.

15.

State at the end on which party's behalf the affidavit is filed.

16.

Sign the affidavit in front of a commissioner for oath after taking the requisite oath.

 

Filing and Serving an Affidavit

17.

File the affidavit by delivering the original to the High Court Registry.

18.

Serve a copy of the affidavit on the opposite party / parties to the case.

19.

If the other party is represented, service can be effected by leaving at the business address of the solicitor acting for that party.

20.

If the other party is not represented, service can be effected by:

(i)  leaving at the registered office if the other party is a limited company;
(ii) handing to or leaving with the other party personally;
(iii)  posting (by ordinary, or recorded or registered post) to the other party at his usual or last known address or, in the case of a firm, to the principal / last known place of business within Hong Kong; or
(iv)   leaving at the other party's usual or last known address or, in the case of a firm, at the principal / last known place of business within Hong Kong.
 

Sample of An Affidavit/Affirmation

   

9)

Explanatory Notes on Service of a Writ of Summons or Originating Summons

1.

These notes apply only to service of a writ of summons (writ) or originating summons within Hong Kong. Service outside jurisdiction is not an easy process and you should seek the advice of a lawyer.

 
  Mode of Service

2.

By law, a writ or originating summons may be served on each defendant in one of the following manners:

  (i) By personal service by the plaintiff or his agent, by leaving a copy of the document with the person to be served;
  (ii)  By registered post to the defendant's usual or last known address;
 

(iii)   

By enclosing in a sealed envelope addressed to that defendant and inserting it through the letter box of the defendant's usual or last known address.

3.

In the case of personal service, if the person to be served is a stranger to you, you should try to establish his identity before serving. You may consider asking the person receiving the document to acknowledge receipt of the document immediately.

4.

A writ should not be served on Sunday except in the case of urgency and with leave of the Court.

5.

In the case where you claim for breach of contract, you should check your contract to see if there is any term prescribing the manner of service of the writ as you may have to comply with such term.

6.

Every writ or originating summons served on a defendant must be accompanied by a correct form of acknowledgment of service. For costs-only proceedings, the correct form of acknowledgement of service is Form No. 15A.

7.

If your claim is only for payment of money, your writ or originating summons should also be accompanied by Form 16 or Form 16C to enable the defendant to make an admission if he so wishes.

   
  Address for Service

8.

If the person to be served has an address for service, you can serve the document at that address. If he does not have an address for service, paragraphs 9 to 12 below shall apply.

9.

If the person to be served is represented by a lawyer in the proceedings, you can serve the document on the business address of his solicitor.

10.

If that person to be served is an individual, you can serve at his usual or last known address.

11.

If that person to be served is a partnership firm, you can serve at the principal or last known place of business of the firm within Hong Kong.

12.

If that person to be served is a limited company, you can serve at its registered or principal office.

 
  Preparing an Affidavit Proving Service

13.

An affidavit of service should state by whom the document was served, the day of the week, the date and hour on which it was served, where it was served and how.

14.

If you have effected personal service for the first time in the proceedings, you should state why you believe that the person served was the person whom you wanted to serve, e.g. you knew him and could recognize him.

15.

If the party served has acknowledged receipt, you can exhibit the acknowledgement in the affidavit.

16.

If you have served a document by registered post:

  (i)   exhibit the postal receipt to the affidavit;
  (ii)   state whether or not in your opinion the copy of the writ or originating summons will have come to the knowledge of the defendant within 7 days thereafter; and
 

(iii)  

state whether or not the copy of the writ has been returned to the plaintiff through the post undelivered to the addressee.

17.

If you have effected service by insertion into the letter box, state whether or not in your opinion the copy of the writ or originating summons will have come to the knowledge of the defendant within 7 days thereafter.

   

Sample of Affidavit/Affirmation of Service of Writ of Summons or Originating Summons

   

10)

Explanatory notes on Affidavit/Affirmation of Service of Documents other than Writ of Summons or Originating Summons

1.

These notes apply only to service of documents other than writ of summons or originating summons within Hong Kong. Service outside jurisdiction is not an easy process and you should seek the advice of a lawyer.

2.

Unless the Rules specify or the Court so orders, you do not need to serve a document on the other party personally.

 
  Mode of Effecting Personal Service

3.

If personal service of a document is required, it can be effected by leaving a copy of the document with the person to be served.

4.

If the person to be served is a stranger to you, you should try to establish his identity before serving.

5.

You may consider asking the person receiving the document to acknowledge receipt of the document immediately.

 
  Mode of Effecting Ordinary Service

6.

This can be done:

  (i) by leaving the document at the proper address of the person to be served; or
  (ii)  by post (including pre-paid ordinary post, registered post and recorded delivery);
  (iii) where proper address for service includes a numbered box at document exchange, by leaving the document at that document exchange or at a document exchange which transmits documents every business day to that document exchange; or
 

(iv)    

in such other manner as the Court may direct.
7.

If you serve a document by post, keep the postal receipt.

   
  Address for Service

8.

If the person to be served has an address for service, you can serve the document at that address. If he does not have an address for service, paragraphs 9 to 12 below shall apply.

9.

If the person to be served is represented by a lawyer in the proceedings, you can serve the document on the business address of his solicitor.

10.

If that person to be served is an individual, you can serve at his usual or last known address.

11.

If that person to be served is a partnership firm, you can serve at the principal or last known place of business of the firm within Hong Kong.

12.

If that person to be served is a limited company, you can serve at its registered or principal office.

 
  Preparing an Affidavit of Service

13.

An affidavit of service should state by whom the document was served, the day of the week, the date and hour on which it was served, where it was served and how.

14.

If you have effected personal service for the first time in the proceedings, you should state why you believe that was the person whom you wanted to serve, e.g. you knew him and could recognize him.

15.

If you have served a document by post, exhibit the postal receipt, if any, to the affidavit. State whether or not the document served has been returned through the post undelivered.

16.

If the party served has acknowledged receipt, you can exhibit the acknowledgement in the affidavit.

 

Sample of Affidavit/Affirmation of Service of Documents other than Writ of Summons or Originating Summons

   

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This publication is for general reference only and should not be treated as a complete and authoritative statement of law or court practice. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or other professional advice.

Please note: The Judiciary cannot be held responsible for the contents of this publication.
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