District Courts Rules 2009

Amendment of pleadings

  • Heading: inserted, on 14 June 2012, by rule 15 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.38A Filing of amended notice of claim or counterclaim before response served

  • 2.38A.1 A pleading that is proceeding under rules 2.10 to 2.17 may be amended only in accordance with this rule.

    2.38A.2 A plaintiff who has filed and served a notice of claim, but has not been served with a response within the time allowed, may within 10 working days after the last day on which the response was allowed to be served, or later with the leave of the court, file an amended notice of claim and serve a copy of it on every other party.

    2.38A.3 A defendant who has filed and served a notice of counterclaim, but has not been served with a response within the time allowed, may within 10 working days after the last day on which the response was allowed to be served, or later with the leave of the court, file an amended notice of counterclaim and serve a copy of it on every other party.

    2.38A.4 If a response has been served, a party may, at any time before a trial date is allocated, file an amended pleading and serve a copy of it on every other party.

    2.38A.5 A party who files an amended pleading after the response has been served must, contemporaneously with filing, serve an appropriately updated information capsule on every other party.

    2.38A.6 In any case, once a trial date has been allocated, any party may at any time before trial file an amended pleading only—

    • (a) with the leave of the court; or

    • (b) with the consent of all other parties to the proceeding.

    2.38A.7 If a claim or counterclaim is amended,—

    • (a) the defendant or plaintiff, as the case may be, may serve a response and that response must be served within 10 working days after the date on which the amendment is filed; and

    2.38A.8 An amended pleading may introduce, as an alternative or otherwise,—

    • (a) a fresh cause of action, which is not statute-barred; or

    • (b) a fresh ground of defence.

    2.38A.9 An amended pleading may introduce a fresh cause of action whether or not that cause of action has arisen since the filing of the notice of claim.

    Rule 2.38A: inserted, on 14 June 2012, by rule 15 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).