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Pleadings

Pleadings are written statements exchanged between parties to civil litigation. They identify the issues with which the litigation is concerned and the remedy that the party seeks.  Pleadings include the statement of claim, statement of defense, counterclaim, reply, statement of defense to counterclaim, third party notice, statement of defense to third party notice, and particulars.

The following sources will provide some guidance when drafting pleadings as well as precedents.

Selected Books And Articles
British Columbia Practice   (KN352 K694)

In volume one the section on Rule 19 discusses pleadings in general.

 

Conduct of Civil Litigation in British Columbia   (KN352 F73 A2)

Chapter 11 has a good discussion on the basics of pleadings.

 

British Columbia Court Forms    (KN352 A17 M342)

Volume 2 Chapter 11 includes commentary on pleadings as well precedents.

 

Guide to Civil Litigation    (KN352 R68)

Contains court forms with instructions for filling them in.

 

A Practical Guide to Drafting Pleadings    (KN380.3 D86 1997)

Even though this is an Australian text it does have some useful tips for writing pleadings.

 

Pleadings Without Tears: A Guide to Legal Drafting    (KN380.3 R67 1999)

A text from the UK, which gives an overview of writing pleadings

 

Odgers on Civil Court Actions    (KN380.3 O349)

The library has several editions of this UK text. Made up of commentary on pleadings and English court procedure. Precedents can be found in Appendix 1.

 

Precedents of Pleadings    (KN380.3 B843)

Also known as Bullen & Leake this UK text is considered to be the classic text for pleadings. The library has several editions. The content has changed from edition to edition, so if you don’t find what you looking for in the current edition check previous editions.


    Research Tips

    CLE Manuals

    Many of the manuals published by the Continuing Legal Education Society have sections which include precedents for pleadings. Check the library catalogue for manuals in the subject area related to the topic under litigation or check CLE online, which is available in BC courthouse libraries. See the library’s CLE Online User Guide for more information.

     

    Need Help?

    If your local library does not have the source you need, please contact the Vancouver Courthouse Library for assistance.

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