| 释义 |
statement of case
A formal written statement in a civil action served by each party on the other, containing the allegations of fact that the party proposes to prove at trial (but not the evidence by which they are to be proved) and stating the remedy (if any) that the party claims in the action. Before the introduction of the Civil Procedure Rules in 1999, statements of case were called pleadings. Statements of case include claim forms, particulars of claim, defences, counterclaims, and replies to defences. All statements of case must include a statement of truth. Statements of case must contain only material facts, i.e. those facts essential to the party’s claim or defence, and not the subordinate facts that are the means of proving them. It is customary to include the inferences of law that the party claims are to be drawn from the facts stated, although this is not essential. Allegations of law as such (legal arguments) are not permitted. Since the purpose of statements of case is to define clearly the issues in the action and to give the parties notice of the other side’s case, sufficient details must be given of each allegation. Rules of procedure dealing with statements of case are set out in Part 16 of the Civil Procedure Rules. |