District Court Civil Litigation | By Lawyers
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District Court Civil Litigation

This publication guides practitioners through the conduct of civil proceedings in the District Court whether acting for the plaintiff or the defendant.

2 Matter Plans

Overview

The commentaries cover key topics including letters of demand, alternate dispute resolution and settling the matter, commencing and responding to proceedings, default and summary judgment, case management, and trial.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • Letters to clients explaining the process;
  • Library of demand letters and responses;
  • Library of pleadings and particulars;
  • Example content for a statement of defence;
  • Deed of release;
  • Example content for Summary Judgment;
  • Letters instructing experts and serving reports.
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2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - District Court Civil - Acting for the Plaintiff
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Witnessing
    • Folder icon Papers and articles - Litigation
      • Item icon Improving written submissions – A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
    • Item icon Further information
  • Item icon Overview
    This commentary deals with acting for clients in civil matters, including simple debt recovery and other money claims in the District Court. Under the District Court Act 2016, the court can deal with civil claims up to $350,000.

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  • Item icon Limitation periods
    Different limitation periods apply to different types of civil claims. See the Limitation Act 2010. For money claims, it is a complete defence if the defendant can prove that the claim was filed more than 6 years from the date of the debt being incurred. This is called the primary period: ...

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - District Court Civil
    • Item icon To do list - Civil - Acting for the plaintiff
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Taking instructions in civil matters
      The existence and amount of a debt needs to be evidenced by written contracts, invoices, emails, and other available documents supporting the claim. Copies of those documents can be obtained from the client. All information contained in the documents should be confirmed with the client, including ...

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    • Item icon Retainer instructions - Civil matters
    • Item icon Retainer instructions - Debt collection
    • Item icon Conflict of interest check
    • Item icon Initial letter to client with Client Care and Terms of Engagement
    • Item icon Client Care and Terms of Engagement
    • Item icon Scope of work - District Court Civil - Acting for the plaintiff
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs estimate
    • Folder icon General deeds, agreements, execution clauses and statutory declaration
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Confidentiality deed
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
      • Folder icon Library of clauses for deeds and agreements
        • Item icon Amendment clause
        • Item icon Confidentiality clause for defined information - All parties
        • Item icon Confidentiality clause for defined information - One party
        • Item icon Confidentiality clause for terms of agreement - All parties
        • Item icon Confidentiality clause for terms of agreement - One party
        • Item icon Costs clause
        • Item icon Counterparts clause
        • Item icon Dispute resolution clause
        • Item icon Events beyond control clause
        • Item icon Governing law and jurisdiction clause
        • Item icon Interpretation clause
        • Item icon No assignment clause
        • Item icon Notices clause
        • Item icon Severance clause
        • Item icon Waiver clause
        • Item icon Whole agreement clause
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements
        • Item icon Execution clauses - Deeds
      • Folder icon Statutory declaration
        • Item icon Statutory declaration
        • Item icon Standard annexure note for documents
  • Folder icon B. Settling it early
    • Item icon Letter of demand
      A letter of demand is almost always issued prior to commencing proceedings. The exception might be when a potential plaintiff believes there is urgency to commence proceedings, such as the imminent expiry of a limitation period. Even then, a letter of demand with a shortened time for response would ...

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    • Folder icon Letter of demand
      • Item icon Standard letter of demand
      • Item icon Letter of demand with statement of claim
      • Item icon Letter of demand to guarantor
      • Item icon Letter to client enclosing letter of demand
      • Item icon Letter to defendant following up instalments
    • Item icon Letter to other side to cease and desist
    • Item icon Alternative dispute resolution
      Alternative Dispute Resolution (ADR) is usually appropriate before commencing proceedings and may be a contractual requirement. It is encouraged by the court. If proceedings have been commenced, it is still open to the parties to engage in ADR on their own without any intervention of the court.

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    • Folder icon Alternative Dispute Resolution
      • Item icon Letter to client advising on mediation
      • Item icon Letter to other side proposing settlement conference
    • Item icon Calderbank offers
      An offer under the principles in Calderbank v Calderbank [1975] 3 All ER 333, also known as a without prejudice letter, is an offer of settlement made in a letter which has the potential to determine or at least impact the costs orders that are made in the proceeding if the offer is rejected. ...

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    • Item icon Letter to other side with Calderbank offer
    • Item icon Settlement before proceedings have commenced
      If an agreement is reached before proceedings are commenced, the parties will enter into a settlement agreement or deed that provides for payment of the debt, or for any other relevant agreed action, such as the completion of rectification work in a building case. Mutual releases are usually ...

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    • Item icon Settlement after proceedings have commenced
      When the parties settle after proceedings have commenced, a notice of discontinuance must be filed with the consent of all parties. If a party does not agree or consent to discontinuance, the matter can be brought before the court.

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    • Item icon General heading for documents filed in proceeding
    • Item icon Deed of release
    • Item icon Example settlement agreement
    • Item icon Clause - Terms of settlement
    • Item icon Letter to court enclosing documents for filing
    • Item icon Undertaking for purpose of court approval of settlement
  • Folder icon C. Going to court
    • Item icon Going to court
      Lawyers have a fundamental obligation to uphold the rule of law and facilitate the administration of justice in New Zealand. They are subject to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, which provide that the overriding duty of a lawyer acting in litigation is ...

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    • Item icon Commencing proceedings
      Proceedings are commenced by filing:

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    • Item icon Letter to client before commencing proceedings or filing defence
    • Item icon Brief to counsel
    • Item icon Example content - Brief to counsel
    • Item icon AI Prompt for brief to counsel
    • Item icon Notice of proceeding
    • Item icon General heading for documents filed in proceeding
    • Item icon List of documents relied on
    • Item icon Memorandum to be attached to first document filed by party
    • Item icon Clause - Memorandum of consent to jurisdiction
    • Item icon Parties
      Natural persons Any natural person may commence and carry on proceedings provided they have capacity.

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    • Folder icon If required - Parties
      • Item icon Notice of proceeding
      • Item icon Interlocutory application on notice
      • Item icon Interlocutory application without notice
      • Item icon Affidavit - general
      • Item icon Clause - Affidavit in support of interlocutory application
      • Item icon Clause - Affidavit by director - Authority to commence proceedings
      • Item icon Clause - Affidavit of authorised officer - Authority to commence proceedings
    • Folder icon If required - Joinder
      • Item icon Joinder
        Joinder of a plaintiff Additional parties may be joined either jointly or severally or, in the alternative, as plaintiffs to the proceeding if it is alleged they have a right to relief arising out of the same matter which, if they brought separate proceedings, would give rise to a common question ...

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      • Item icon Notice of proceeding
      • Item icon General heading for documents filed in proceeding
      • Item icon Third party notice
      • Item icon Affidavit - general
      • Item icon Statement of claim
      • Item icon List of documents relied on
    • Folder icon If required - Change of address or legal representation of a party
      • Item icon Change of address or legal representation of a party
        A party who changes their address or legal representation must file and serve a notice of the change on all other active parties: r 5.43(5).

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      • Item icon Memorandum as to change of representation and or address for service
  • Folder icon D. Pleadings, filing, and service
    • Item icon Statement of claim and particulars
      A statement of claim is how the plaintiff pleads the cause of action. It is a pleading, but only one of the documents described collectively as the pleadings. These include the statement of claim, statement of defence, any reply, any counterclaim, and an originating application. The District Court ...

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    • Item icon Letter to court filing pleadings
    • Item icon Notice of proceeding
    • Item icon General heading for documents filed in proceeding
    • Item icon Memorandum (general form)
    • Item icon Third party notice
    • Item icon List of documents relied on
    • Item icon Notice to other defendant
    • Item icon Memorandum as to change of representation and or address for service
    • Item icon Statement of claim
    • Item icon Clause - Affidavit verifying contents of statement of claim
    • Item icon Originating application (on notice)
    • Item icon Originating application (without notice)
    • Folder icon Library of pleadings and particulars
      • Item icon Clause - Pleadings and particulars - Common money claims
      • Item icon Clause - Pleadings and particulars - Against guarantor
      • Item icon Clause - Pleadings and particulars - For goods sold and delivered
      • Item icon Clause - Pleadings and particulars - Money lent
      • Item icon Clause - Pleadings and particulars - Recover money paid under mistake of fact
      • Item icon Clause - Pleadings and particulars - Lawyer's costs - Debt recovery
    • Item icon Judgment by default in case of liquidated demand
    • Item icon Judgment by default in proceeding for recovery of land
    • Item icon Judgment on trial by Judge
    • Item icon Certificate of judgment order
    • Folder icon If required - Amendment
      • Item icon Amendment
        No amended pleadings can be filed after the close of pleadings without leave of the court: r 7.69(10) of the District Court Rules 2014. If there is a need to amend the statement of claim, the earlier leave is sought, the better the prospects are of it being granted. However, in some instances, ...

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      • Item icon Statement of claim
      • Item icon Clause - Amended statement of claim
      • Item icon Affidavit - general
    • Item icon Clause - Affidavit verifying contents of statement of claim
    • Item icon Letter instructing process server
    • Item icon Letter serving process
    • Item icon Affidavit of service
    • Folder icon If required - Substituted service
      • Item icon Substituted service
        If reasonable efforts have been made to serve a document but the person cannot be served, the registrar can direct that alternate methods are used to bring a document to the attention of the party: r 6.8. Substituted service can include email, a general notice in a newspaper, or social media ...

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      • Item icon Interlocutory application without notice
      • Item icon Interlocutory order
      • Item icon Clause - Interlocutory application without notice for substituted service
      • Item icon Clause - Application for substituted service
      • Item icon Affidavit - general
      • Item icon Clause - Affidavit by lawyer in support of substituted service
      • Item icon Clause - Affidavit by plaintiff in support of substituted service
    • Item icon Requests for particulars
      The defendant is entitled to sufficient particulars of the claim to understand the allegations made against them and be able to respond. The plaintiff is also entitled to sufficient particulars of a defence. A party by notice may seek that the other party give any further particulars that may be ...

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    • Item icon Security for costs
      The court can order security for costs if:

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    • Item icon Appearances before filing a defence
      Filing a statement of defence is generally the first step for a defendant intending to defend a claim. See Defence. However, sometimes the facts of the case may require initial appearances before a statement of defence is filed. These include the following.

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    • Item icon Notice of proceeding when summary judgment sought by plaintiff
    • Item icon Defence
      The purpose of the statement of defence is to ensure that the parties and the court know the issues in dispute. A well drafted statement of defence helps to focus the court’s attention on the issues and reduces the need for pre-trial steps, which can be time consuming and incur additional costs. ...

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    • Folder icon If required - Counterclaims
      • Item icon Counterclaims
        Subpart 11 of Part 5 provides for counterclaims. A plaintiff intending to defend a counterclaim has 25 working days from service to file and serve a statement of defence. If the defendant also wants to make a claim against the plaintiff in response, the defendant can file and serve a ...

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    • Folder icon If required - Cross-claims
      • Item icon General heading for documents filed in proceeding
      • Item icon Statement of claim
      • Item icon Third party notice
      • Item icon Affidavit - general
      • Item icon Affidavit of service
    • Folder icon If required - Reply
      • Item icon Reply
        If a statement of defence asserts an affirmative defence or contains any positive allegation affecting the plaintiff or any other party, the plaintiff or other party may, within 10 working days after service, file a reply and serve it on every party who has given an address for service: ...

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    • Folder icon If required - Interrogatories
      • Item icon Interrogatories
        Subpart 2 of Part 8 of the District Court Rules 2014 apply. After the statement of defence has been filed, any party may serve on another party a notice in form 23, requiring them to answer interrogatories about any matter in issue in the proceedings, either with or without ...

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      • Item icon Notice to answer interrogatories
      • Item icon Clause - Answers to interrogatories in response to notice
      • Item icon Example content - Interrogatories to the defendant
      • Item icon Example content - Plaintiff's answers to defendant's interrogatories
  • Folder icon E. Case management
    • Item icon Case management
      Part 7 of the District Court Rules 2014 sets out the court’s general case management procedures which promote the just, speedy, and inexpensive determination of proceedings. The following case management provisions do not apply if no statement of defence, nor any other required response, has ...

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    • Item icon First case management conference
      Unless a judge otherwise orders, the first case management conference must occur on the first available date at least 25 working days after the first statement of defence is filed, or 50 working days after the statement of claim is filed: r 7.2.

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    • Item icon Memorandum of counsel as to first case management conference
    • Item icon Mode of trial
      The modes of trial available are short, simplified, or full. In deciding the appropriate mode of trial, the court considers the number of parties, the complexity of the issues, the amount at stake, proportionality, the nature of the action, any party requests, and any other matter the court ...

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    • Item icon Interlocutory application on notice
    • Item icon Notice to cross-examine witness at simplified trial
    • Folder icon Judicial settlement conference
      • Item icon Judicial settlement conference
        The purpose of a judicial settlement conference (JSC) is to facilitate settlement of the claim, or to resolve and narrow the issues. It is convened by a judge and held in chambers. The judge who convenes it must not preside at trial unless all parties consent or the only matter for resolution at ...

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      • Item icon Will say statement
      • Item icon Memorandum as to issues
    • Item icon Second case management conference
      After a JSC has been held, the registrar has 10 working days to fix the date for the second case management conference, unless a judge orders otherwise: r 7.4. If possible, it will be presided over by the same judge that presided over the JSC. Part B of Schedule 3 of the ...

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    • Item icon Memorandum of counsel as to subsequent case management conference
  • Folder icon F. Interlocutory applications
    • Item icon Interlocutory applications
      Subpart 2 of Part 7 of the District Court Rules 2014 deals with interlocutory applications. Interlocutory applications can be about various issues including:

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    • Item icon Notice of proceeding
    • Item icon General heading for documents filed in proceeding
    • Item icon Interlocutory application on notice
    • Item icon Interlocutory application without notice
    • Item icon Clause - Interlocutory application without notice for substituted service
    • Item icon Clause - Application for substituted service
    • Item icon Affidavit - general
    • Item icon Interlocutory order
    • Item icon Freezing order
    • Item icon Notice of proceeding when summary judgment sought by plaintiff
    • Item icon Memorandum as to change of representation and or address for service
    • Folder icon Judgment by default
      • Item icon Judgment by default
        In liquidated demand claims, a plaintiff can enter judgment by default if the statement of claim is validly served, and no statement of defence is filed and served within 25 working days as required by the notice of proceeding: r 15.7 of the District Court Rules 2014. If the defendant is ...

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      • Item icon Notice of proceeding
      • Item icon General heading for documents filed in proceeding
      • Item icon Statement of claim
      • Item icon Interlocutory application on notice
      • Item icon Interlocutory application without notice
      • Item icon Judgment by default in case of liquidated demand
      • Item icon Judgment on trial by Judge
      • Item icon Affidavit of service
      • Item icon Clause - Affidavit verifying contents of statement of claim
      • Item icon Memorandum of costs and disbursements
      • Item icon Interlocutory order
      • Item icon Letter to defendant warning of entry of default judgment
      • Item icon Letter to court for default judgment
      • Item icon Letter to client advising judgment entered
      • Item icon Letter to defendant enclosing default judgment
    • Folder icon Summary judgment
      • Item icon Summary judgment
        An interlocutory application for summary judgment is available to any party under Part 12 of the District Court Rules 2014. The court can give summary judgment if there is no defence or the cause of action cannot succeed: r 12.2. It provides a plaintiff or defendant with an efficient ...

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      • Item icon General heading for documents filed in proceeding
      • Item icon Notice of proceeding when summary judgment sought by plaintiff
      • Item icon Interlocutory application on notice
      • Item icon Clause - Interlocutory application on notice for summary judgment
      • Item icon Affidavit - general
      • Item icon Clause - Affidavit in support - Summary judgment
      • Item icon List of documents relied on
      • Item icon Interlocutory order
    • Folder icon Dismissal or stay without trial
      • Item icon Dismissal or stay without trial
        The court can dismiss or stay all or part of a proceeding under r 15.1 of the District Court Rules 2014. A pleading may be struck out if it:

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      • Item icon General heading for documents filed in proceeding
      • Item icon Interlocutory application on notice
      • Item icon Clause - Interlocutory application on notice to strike out
      • Item icon Clause - Interlocutory application on notice to strike out all or part of proceedings
      • Item icon Affidavit - general
      • Item icon Clause - Affidavit in support of strike out
      • Item icon Interlocutory order
    • Folder icon Separate decision of questions
      • Item icon Separate decision of questions
        The court can give directions about the order in which questions of fact are to be tried: Subpart 5 of Part 10 of the District Court Rules 2014. It may make orders for the decision of any question in the proceeding separately from any other question before, at, or after any trial, whether ...

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      • Item icon General heading for documents filed in proceeding
      • Item icon Interlocutory application on notice
      • Item icon Clause - Interlocutory application for separate determination
      • Item icon Affidavit - general
      • Item icon Interlocutory order
    • Folder icon Consolidation
      • Item icon Consolidation
        The court can consolidate proceedings if common questions of law or fact arise, the rights to claim relief arise out of the same event or transaction, or for any other good reason: r 10.18. Consolidation does not necessarily mean different proceedings are heard at the same time; they may be ...

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      • Item icon General heading for documents filed in proceeding
      • Item icon Interlocutory application on notice
      • Item icon Clause - Interlocutory application to consolidate proceedings - Concise
      • Item icon Clause - Interlocutory application to consolidate proceedings - Extensive
      • Item icon Affidavit - general
      • Item icon Clause - Affidavit in support of consolidation
      • Item icon Interlocutory order
      • Item icon Letter to other side to consolidate proceedings
    • Folder icon If required - Injunctions
      • Item icon Injunctions
        Subpart 3 deals with injunctions and interim relief. If there is urgency, or the client is suffering ongoing loss or damage, it may be appropriate before, or on commencement of proceedings, or at some later stage, to file an interlocutory application seeking an injunction.

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      • Item icon Notice of proceeding
      • Item icon General heading for documents filed in proceeding
      • Item icon Statement of claim
      • Item icon Interlocutory application on notice
      • Item icon Interlocutory application without notice
      • Item icon Clause - Interlocutory application for injunctive relief - Simple
      • Item icon Clause - Interlocutory application for injunctive relief - Land
      • Item icon Affidavit - general
      • Item icon Clause - Affidavit in support of interlocutory application for injunctive relief
      • Item icon Affidavit of service
      • Item icon Undertaking as to damages
      • Item icon Interlocutory order
      • Item icon Memorandum (general form)
      • Item icon Clause - Memorandum of counsel as to costs and disbursements
  • Folder icon G. Gathering, exchanging, and presenting evidence
    • Item icon General heading for documents filed in proceeding
    • Item icon List of documents relied on
    • Item icon Affidavit of documents
    • Item icon Notice to answer interrogatories
    • Item icon Clause - Answers to interrogatories in response to notice
    • Item icon Example content - Interrogatories to the defendant
    • Item icon Example content - Plaintiff's answers to defendant's interrogatories
    • Item icon Notice to admit facts
    • Item icon Clause - Admissions of facts
    • Item icon Notice of time and place for examination
    • Item icon Witness summons
    • Item icon Subpoena to give evidence for service in Australia
    • Item icon Subpoena for production only for service in Australia
    • Item icon Application for review of decision to allocate short trial
    • Item icon Notice to cross-examine witness at simplified trial
    • Item icon Certificate of judgment order
    • Item icon Interlocutory order
    • Folder icon If required - Discovery
      • Item icon Discovery
        Discovery is the process of identifying, listing, and producing for inspection by the parties all documents relevant to the issues in the proceedings. Its purpose is to prevent documents being tendered by surprise at the hearing. Discovery obligations effectively begin before proceedings are ...

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      • Item icon Letter to client about discovery obligations
      • Item icon Letter to other side with categories of documents for discovery
      • Item icon Clause - Draft orders for timetable
      • Item icon Clause - Interlocutory application for order for disclosure
      • Item icon Affidavit - general
      • Item icon Clause - Affidavit in support for order for disclosure
    • Folder icon Notices to produce
      • Item icon Notices to produce
        A party may require another party to produce to the court at or before the trial, any document or thing under r 8.32. The practical advantage of a notice to produce is that it does not have to be filed. It is served on the other party at their address for service.

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      • Item icon Clause - Interlocutory application to set aside notice to produce
      • Item icon Affidavit - general
      • Item icon Clause - Affidavit in support - Set aside notice to produce
    • Folder icon Affidavits, annexures, and exhibits
      • Item icon Affidavits
        Subpart 8 of Part 9 the District Court Rules 2014 apply, but only if:

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      • Item icon Affidavit - general
      • Item icon Affidavit of documents
      • Item icon Application for charging order without notice
      • Item icon Affidavit in support of application for charging order
      • Item icon Charging order on land
      • Item icon Interim charging order
      • Item icon Notice of application for final charging order
      • Item icon Affidavit in support of garnishee summons
      • Item icon Garnishee summons to sub-debtor
      • Item icon Notice to judgment debtor of issue of garnishee summons
      • Item icon Exhibits to affidavits
        An exhibit is identified by a certificate on a separate sheet, attached to the front of the exhibit, identifying the exhibit by letters and numbers. The letters are the initials of the deponent and the numbers are consecutive starting with one. The deponent does not sign the exhibit notes.

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      • Item icon Clause - Annexure certificate
      • Item icon Clause - Exhibit certificate
      • Item icon Filing and serving affidavits
        Affidavits may be required in money claims under various rules. For example:

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      • Item icon Affidavit of service
      • Item icon Letter serving notice for cross-examination
      • Item icon Affidavit as to whereabouts of deposit book
    • Folder icon Briefs of evidence
      • Item icon Briefs of evidence
        A brief of evidence (BOE) is a written statement that is read in the court by a witness during a trial. Usually, a BOE is given under oath or affirmation that it is true and correct to the best of the witnesses knowledge and belief.

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      • Item icon Example content - Brief of evidence
      • Item icon Example content - Brief of evidence - Expert witness
  • Folder icon H. Preparing for hearing
    • Folder icon If required - Expert witnesses
      • Item icon Expert witnesses
        Subpart 4 of Part 9 of the High Court Rules 2016 deals with expert witnesses. See also Briefs of evidence for expert witnesses.

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      • Item icon Letter to single expert witness with instructions
      • Item icon Enclosure - Expert witness code of conduct
      • Item icon Example content - Brief of evidence - Expert witness
      • Item icon Schedule 4 – Code of conduct for expert witnesses
      • Item icon Letter serving expert report
      • Item icon Letter serving notice for cross-examination
      • Item icon Affidavit - general
      • Item icon Clause - Affidavit of expert witness annexing report
      • Item icon Example content - Affidavit of loss assessor
      • Item icon Example content - Affidavit of repairer
      • Item icon Affidavit of service
      • Item icon Notice to answer interrogatories
      • Item icon Witness summons
      • Item icon Clause - Witness statement
    • Item icon Common bundle
      Rule 9.4 of the District Court Rules 2014 requires that the parties cooperate in the preparation of a bundle of documents, known as the common bundle. After the last briefs or affidavits are served, all parties must promptly inform the plaintiff, or any other party who is directed to prepare ...

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    • Item icon Common bundle
    • Item icon Chronology
      Rule 9.9 provides that:

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    • Item icon Clause - Chronology of facts
    • Item icon Language
      Most of the work of the District Court is done in English. While there is a right to address the court in te reo Māori, an interpreter will usually be required unless all participants are fluent.

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    • Folder icon If required - Notice of intention to speak Maori
      • Item icon Notice of intention to speak Maori
    • Folder icon If required - Interpreters
      • Item icon Interpreters
        Interpreters are available for any party unable to communicate fluently in English. If an interpreter is required, the party must tell the court 10 working days before the scheduled appearance. This means all participants know an interpreter will be used and gives the court time to make the ...

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      • Item icon Letter to interpreter enclosing code of conduct
      • Item icon Court Interpreters’ Code of Conduct
      • Item icon Request for an interpreter
      • Item icon Affidavit - general
      • Item icon Clause - Affidavit of interpreter
      • Item icon Clause - Witness statement
  • Folder icon I. Discontinuing proceedings
    • Item icon Settled matters
      Parties should advise the court immediately a matter is settled. Until a notice of discontinuance is filed, the parties must attend before the court when the matter is listed. See Settlement after proceedings have commenced.

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    • Folder icon If required - Discontinuance
      • Item icon Discontinuing proceedings
        The plaintiff may discontinue a proceeding at any time before the court has given a judgment or verdict: r 15.16 of the District Court Rules 2014. The plaintiff can either file a notice of discontinuance and serve that notice on every other party to the proceeding, or orally advise the court ...

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      • Item icon Notice of discontinuance
      • Item icon Letter to court with notice of discontinuance
      • Item icon Letter confirming payment and enclosing notice of discontinuance
      • Item icon Letter to other side's solicitor enclosing notice of discontinuance
  • Folder icon J. Costs and appeals
    • Item icon Costs
      Part 14 of the District Court Rules 2014 applies and Schedule 4 provides time allocations. Costs are at the discretion of the court unless the provisions of any Act provide otherwise.

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    • Item icon Clause - Memorandum of counsel as to costs and disbursements
    • Item icon Interlocutory order
    • Item icon AI Prompt for interlocutory application
    • Item icon Affidavit - general
    • Item icon Appeals
      Good risk management requires that clients be promptly advised about their appeal rights in writing, regardless of the outcome of the matter. Section 124 of the District Court Act 2016 creates a general right of appeal to the High Court against the whole or part of a decision of the District ...

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    • Item icon Notice of application for leave to appeal
    • Item icon AI Prompt for notice of appeal
    • Item icon Notice of application for review of Registrar's decision
    • Item icon Agreement not to appeal
  • Folder icon K. Finalising the matter
    • Item icon Letter to client finalising the matter
    • Item icon Example invoice
    • Item icon Scope of work - District Court Civil - Acting for the plaintiff
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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