Cap. 12 Art. 158Sworn reply and note of admission, filing, etc.

(1) The defendant shall file his sworn reply within twenty days from the date of service, unless he intends to admit the claim.

(2) Where the defendant intends to admit the claim wholly and unconditionally, he shall file a note to that effect.

(3) Otherwise, he shall file a sworn reply containing -

(a) any such pleas as would be taken to be waived if not raised before the contestation of the suit;

(b) a clear and correct statement of the pleas on the merits of the claim or claims without reference to authorities;

(c) the defendant, or one of the defendants if there are more than one defendant, shall also confirm on oath in the sworn reply with numbered paragraphs, all the facts concerning the claim, denying, admitting or explaining the circumstances of fact set out in plaintiff’s declaration, while stating which facts are within his own knowledge.

(4) The sworn reply shall be confirmed on oath before the registrar or legal procurator appointed as Commissioner for Oaths under the Commissioners for Oaths Ordinance. The defendant shall also indicate the names of the witnesses he intends producing and to state with regard to each one of them what he intends proving by means of their evidence. There shall also be filed together with the sworn reply such documents as may be required to sustain the pleas.

(5) The registrar shall not receive any sworn reply which is not accompanied by the listed requirements in sub-article (3), and the court shall not allow any witness to be produced whose name shall not have been given in such declaration. If the necessity of producing a witness arises at any time after the filing of the declaration, or if the opposite party gives its consent in the manner prescribed in article 150(1)(c), or if the court deems it in the interest of justice to hear a particular witness, the court may allow such a witness to be heard.

(6) When the proof intended to be established by each witness is not stated or adequately stated in the declaration, the court shall on the first day appointed for the pretrial hearing order the defendant to indicate adequately the proof he intends to establish by each witness within a time to be fixed by the court.

(7) Where the defendant is absent or is a minor or a person incapable according to law or a vacant inheritance, and is represented by an attorney or a curator, then, instead of the declaration referred to above, a declaration may be made to the effect that the facts of the case are unknown and that it has not been possible to obtain the necessary information to contest the claim.

(8) Simultaneously with the filing of the note admitting the claim or of the sworn reply, as the case may be, the defendant shall cause an identical copy thereof, certified by himself or his advocate, to be served through the registry on the plaintiff or his advocate.

(9) Non-compliance with the provisions of sub-article (7) may be taken into account by the court in the application of the provisions of article 223(3).

(10) If the defendant makes default in filing the sworn reply mentioned in this article, the court shall give judgment as if the defendant failed to appear to the summons, unless he shows to the satisfaction of the court a reasonable excuse for his default in filing the sworn reply within the prescribed time. The court shall, however, before giving judgement allow the defendant a short time which may not be extended within which to make submissions in writing to defend himself against the claims of the plaintiff. Such submissions shall be served on the plaintiff who shall be given a short time within which to reply.

(11) The sworn reply, after the conclusion of the evidence of the plaintiff and before the defendant produces his evidence, may be amended by means of a separate statement either withdrawing any of the pleas set up or adding new pleas, saving those pleas which may be set up at any stage of the proceedings.

(12) With the filing of the sworn reply or on the expiration of the terms laid down in sub-article (1), the preliminary written procedures shall be deemed to be closed, and articles 151 and 152 shall apply.

(13) Notwithstanding the foregoing provisions of this article, where the court has appointed a day for the trial of the case before the time allowed for the filing of the sworn reply in accordance with this article, the defendant shall file the sworn reply not later than the time at which the case is first heard, and may also file them before the court at such hearing and serve a copy thereof on the plaintiff by delivering a copy to him or his advocate at that same hearing.