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Magistrates Court

Date Action

6 Years from date on which the cause of action accrues

 Time in which to commence your action for contract, tort or for recovery of money (Limitation of Actions Act 1936, sections 35 and 38)

3 Years from date on which the cause of action accrues

 Time in which to commence your action for personal injury (Limitation of Actions Act 1936, section 36)

1 Year from the date on which the cause of action accrues

 1. Time in which to serve defendant with summons after filing

(Rule 28, Magistrates Court (Civil) Rules 1992)

2. This is to be done by way of a Form 2 or a Form 3 if the matter is a Minor Civil Action

3. The defendant is not required to file an Appearance in the Magistrates Court. In lieu of the Appearance, Rule 13 of the Magistrates Court (Civil) Rules 1992 provides that a solicitor will be taken to be acting for a party when written notice of that fact is served on all other parties. Therefore, the first filed document will be the defence.

Within 21 days receipt of summons

 1. Defendant must file the defence (Rule 28(3)(a) Magistrates Court (Civil) Rules 1992.

2. Failure to do so will result either in judgment being signed or the action will be dismissed for want of prosecution.

3. The defendant must use a Form 4 for the defence and a Form 5 for a counterclaim or set-off.

Note:

All amendments to documents in the Magistrates’ Court must be made with leave, or alternatively, if all parties file a consent in writing (Rules 77 and 84(2)).

Within 21 days after the defence is filed

 Rule 35 permits the defendant to lodge a third party claim for contribution or indemnity from some party (other than the plaintiff). This claim must be issued by way of a Form 6.

Within 21 days of receipt or within 21 days prior to trial

 A copy of any EXPERTS’ REPORTS upon which a party intends to rely must be served on the other parties, together with a copy of the expert’s qualifications (Rule 69)

Within 7 days of

trial

 All EXPERTS REPORTS must be filed at Court (Rule 69).