Defence - Standalone (Form 52)

Rule 65.1 of the Uniform Civil Rules 2020 (SA) requires a defence to be filed within 28 days after service of the Claim documents, unless the court orders otherwise, in the prescribed form and in compliance with the pleading rules in Part 7. The filing instructions to the rule split the forms: a first defence uses Form 51 Defence Shell with Form 51S Defence Details (uploaded with the shell if filed through the Electronic System), while a revised (amended) defence uses Form 52. The same split applies to a defence to a cross claim (r 65.7), a defence to an earlier claim (r 65.8) and a defence in a minor civil action (r 334.1). A defence must admit, not admit or deny each allegation of fact; an allegation not addressed is taken to be denied (r 67.6). An amendment is made by filing a revised version marked with a revision number, showing deleted text struck through and added text underlined (r 33.2).

When you need it

• You have filed a defence and need to amend it, as of right within the time in r 69.1 or by consent or leave (r 69.2).
• You are revising a defence to a cross claim or to an earlier claim (rr 65.7, 65.8).
• You are revising a defence in a minor civil action (r 334.1).
• Not for your first defence: use Form 51 with Form 51S.

1. 1

   Complete the heading and party panel

   Choose the court, add minor civil or the list if applicable, and name each party. In the panel give your party title, full name, address for service, email and phone, and any law firm. Add "Revision 1" (or the next number) after the title (r 33.2).

2. 2

   Part 1: background facts

   Respond to Part 2 of the statement of claim (background or uncontroversial matters) in matching numbered paragraphs, saying what you agree or disagree with, and add any further facts you expect to be agreed.

3. 3

   Part 2: other facts and defences

   Respond to the other facts relied on in the claim and set out any answers beyond disputing what the applicant must prove. The form gives the example of pleading that the claim is statute barred under the Limitation of Actions Act 1936. Be specific about when, where and what occurred, and identify any statutory provision relied on (r 67.2(2)).

4. 4

   Part 3: orders sought

   Respond to the orders sought in the statement of claim. In a minor civil action, identify any part of the claim that is agreed and, for a set-off, the facts and amount (r 334.1).

5. 5

   Mark changes and sign the certification

   Show deletions struck through and additions underlined, keeping the existing numbering (for example 10A). A lawyer certifies the pleading is filed on instructions and has a proper basis; a self-represented party certifies it is true to the best of their knowledge, information and belief.

• File through CourtSA in the existing case, or at a registry. The CAA says there are no fees for defending a civil claim.
• Serve the revised defence on each other party as soon as practicable (rr 33.2(3), 69.3(2)).
• An amendment made without consent or leave is only available up to 14 days after the last date for filing lists of documents, cannot withdraw an admission, and can be disallowed on application (r 69.1). Otherwise you need consent or leave (r 69.2).

• A party who amends ordinarily pays the other parties' costs of the amendment (note to r 69.1).
• If you object to the court's jurisdiction, plead it in the defence and file an interlocutory application at the same time (r 67.6(7)).
• Admissions bind you: an admitted allegation need not be proved and you cannot lead evidence to disprove it (r 67.6(3)).