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This article outlines a glossary to some of the terms you may have read throughout the Guide to the NSW Local Court Process.

Pleadings

Pleadings are the facts that you are relying on to prove your case. 

For example, if you are alleging that somebody owes you money under a loan agreement that they entered into with you, the pleadings would include that you had either a written agreement or an oral contract (or a mixture of a partly written and partly oral contract) to the effect that you were providing a loan.

Particulars 

The particulars will include all the details surrounding the facts outlined in the pleadings, including:

  • the date and time the agreement was made; and
  • the substance of the agreement. 

It has to be sufficiently detailed enough so that the other side can understand the claim you are making against them. It is not necessary to set out all the evidence which you are using to prove the claim.

Notice of Motion

A Notice of Motion is a written request for the court to make an order about any number of things. Notices of Motion are used while the case is underway. Putting on a Notice of Motion involves: 

  • filling out the relevant form;
  • annexing a supporting affidavit; and 
  • filing it at the relevant court. 

Affidavit

An affidavit is a written account of someone’s evidence or statement of facts that support the case they are making. Affidavits are provided by the parties to the case, and often by various witnesses who have knowledge of facts, matters and circumstances that support one side.

Affidavits must contain the witness’s own first-hand knowledge and should be drafted with the assistance of a lawyer. Once finalised, an affidavit is then sworn or affirmed by you and witnessed by your lawyer before it is filed with the court.

Affidavit of Service

An affidavit of service is an affidavit confirming that a claim has been served to the defendant. This affidavit must be sworn or affirmed by the person who served the claim. Therefore, service is normally completed by process servers, who are professionals in this area. They are required to confirm in the affidavit that they personally served the documents on the other side and witnessed them taking the documents.

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