Responding to the claim
Early steps available
What steps are open to a defendant in the early part of a case?
At the early stage, the defendant may raise a question of law, such as the plaintiff’s legal power to file the case, the court jurisdiction, the limitation period to bring a claim, and disjunctive allegations. Before proceeding further with the case, the court will examine the question and render a decision on it. If such is decided in favour of the defendant, the issues to be tried and the potential liability of the defendant may be reduced or eliminated if the case is dismissed as a result.
A defendant may also file any counterclaim against the plaintiff that is directly related to the original complaint, together with their answer to the complaint. If the defendant believes that a third party is liable for the claim, the defendant can summon a third party to join the…
