Notice of intention to respond or defence—details to be included
101 Notice of intention to respond or defence—details to be included
A notice of intention to respond filed by the defendant must state—
whether the defendant is represented by a solicitor; and
if the defendant is represented by a solicitor—the name of the solicitor; and
the defendant’s address for service; and
if any particulars of the defendant stated in the originating process are incorrect—the correct particulars.
See approved form 2.8 (Notice of intention to respond) AF2026-15.
Address for service is defined in the dictionary.
If the defendant to an originating claim chooses not to file a notice of intention to respond, but files a defence, the defence must state—
whether the defendant is represented by a solicitor; and
if the defendant is represented by a solicitor—the name of the solicitor; and
the defendant’s address for service; and
if any particulars of the defendant stated in the originating process are incorrect—the correct particulars.
See approved form 2.9 (Defence and counterclaim) AF2026-16.
If the defendant includes corrected particulars of the defendant’s name in the notice of intention to respond or defence, the court may amend the originating process accordingly.
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