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Do I need to file evidence with my Defence?

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  • Do I need to file evidence with my Defence?

    So apologies for this seemingly absurd question but as I didn't receive a normal claim to respond to to I'm unsure of the process.

    In another thread I mentioned that I successfully got a judgement set aside and the judge has dispensed with the issuing of claim forms and said that I am to file my defence within 7 days to the claimant and the court.

    My question is do I provide evidence with this defence or do I wait until the stage where we exchange witness statements etc?

    I have until Thursday to file. It was really hard to hear the judge, when I said how long!? He said "7 days, next Thursday, but don't worry it's just the defence that you have attached to the application to set aside."

    So is it just a copy of the defence I am filing, and I will provide evidence later?

    Also, follow up question, will I receive a copy of the judgement in the set aside hearing in the post? If so how long does it take?
    Tags: None

  • #2
    You had the judgment set aside, so it is no more. so why do you need a copy?

    Your witness statement is your evidence, so you do not file it with your defence

    Comment


    • #3
      Sorry by judgement I meant the Copy of the orders that the judge made at the set aside hearing.

      There is lots in there that I couldn't really hear.

      Thanks for the advice re the evidence I will fire it off tomorrow

      Comment


      • #4
        The courts are way behind with routine administrative work at the moment, so you might not receive a written copy for sometime.

        You could try ringing the court and explain you had a poor internet connection, and missed much of the orders, so could they email you a copy soonest please. (if the judge has got round to writing it up!)

        Comment

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