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    Form 5

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    lacatancopycentre

    Copyright:

    © All Rights Reserved
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    Form 5

    Uploaded by

    lacatancopycentre
    12 views2 pages

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    form5

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    Copyright:

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    12 views2 pages

    Form 5

    Uploaded by

    lacatancopycentre

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    REPUBLIC OF TRINIDAD AND TOBAGO

    SUPREME COURT OF JUDICATURE

    Prescribed Forms 1998 439

    FORM 5—DEFENCE AND COUNTERCLAIM [Part 10 and Rule 18.5(1)]

    (HEADING AS IN FORM 1)

    DEFENCE

    I dispute the claim on the following grounds:

    I certify that all the facts set out in my defence are true to the best of my knowledge
    information and belief. My address for service is

    Telephone no. ....................... Fax no. ...................... e-mail address ...........................

    Signed ................................................ Dated ..........................................


    Defendant

    We are acting for the defendant, our address for service is:
    Signed ................................................................. (Attorneys-at-law for the defendant)

    The court office is at [the Hall of Justice, Knox Street, Port-of-Spain] telephone number xxx-xxxx,
    FAX xxx.xxxx. The office is open between [8:00 a.m.] and [4:00 p.m.] Mondays to Fridays except
    public holidays and court holidays.
    REPUBLIC OF TRINIDAD AND TOBAGO
    SUPREME COURT OF JUDICATURE

    440 Civil Proceedings Rules 1998

    COUNTERCLAIM

    I claim against the claimant

    (set out details of the remedy or relief sought)

    on the following grounds:

    I certify that all the facts set out in my counterclaim are true to the best of my knowledge
    information and belief and that I am entitled to the remedy claimed
    Signed ........................................................... Dated ........................................
    Defendant
    We are acting for the defendant, our address for service is—
    Signed ............................................. (Attorneys-at-law for the defendant)

    Notes:
    (a) The defendant may set out his defence in any way he chooses — it is not necessary to use
    this form.
    (b) The defendant must—
    • state which allegations in the claim he admits
    • which he denies
    • which he neither admits or denies because he does not know whether they
    are true
    • identify any documents which he considers necessary to his case.
    (c) He must give his reasons for denying any allegations made by the claimant.
    (d) The defendant must set out clearly all the facts on which he relies to dispute the claim and
    must set out any different version of events on which he relies.
    (e) The defendant may not be allowed to give evidence about any fact which is not set out in
    the defence.
    (f) If the defendant wishes to counterclaim he must—
    • specify any remedy that he seeks against the claimant
    • include a short statement of all facts on which he relies
    • identify any documents which he considers necessary to his case.
    (g) Where the defendant is represented by an attorney-at-law he must also sign the form and give
    his address for service, which must be within 3 miles of the court office.

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