It is rarely necessary to file and serve a Reply.
Your attorney will give you guidance if it is necessary to serve and file a Reply.

Close of Pleadings

You have now received a Plea and perhaps even a Counterclaim from your spouse. You may now draft and serve a Reply to your spouse’s Plea, but it is very rarely necessary. Do not be tempted to serve and file a reply if no reason exists for you to do this. Remember that the nitty-gritty aspects of the divorce will be handled in Court and that unnecessary pleadings can give way to a cost order against you.

A reply is not necessary if you merely want to deny averments made by your spouse in his or her Plea. If you do not serve and file a Reply, you are automatically regarded as denying the averments made by the Defendant in the Plea.

A reply is necessary if you want to bring new facts to the Court’s attention. In practice, this may transpire if your spouse confessed and avoided some of the averments made in your Particulars of Claim or if your spouse raised a Special Plea that constitutes a point that you wish to argue about.

You will address averments here in your Reply in the same way as in a Plea.

Remember that you have 15 court days after the service of the Plea on you to serve and file your Replication.

1 Star2 Stars3 Stars4 Stars5 Stars (3 votes, average: 2.33 out of 5)