S.L. 604.1 · Adjudicating Panel For Private (S.L. 604.1)
S.L. 604.1 Art. 28Keeping of documents. WITNESS Panel for attend things This part will completed by Adjudicating
The Housing Authority shall keep all such documents filed in any proceedings for five (5) years from the date of the award, after which they may be destroyed at the discretion of the Housing Authority.
SCHEDULE Forms
FORM 1: Notice of Claim.
FORM 2: Reply.
FORM 3: Counter-claim Reply.
FORM 4: Notice of Hearing.
FORM 5: Summons to Witness.
FORM 6: Order of Escort. PRIVATE RESIDENTIAL LEASES
REGISTRY FILE NUMBER Form 1 LOCATION
NOTICE OF CLAIM IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES
FROM CLAIMANT Fill in the name, address and telephone of the person(s) making the claim
TO DEFENDANT Fill in the name, address and telephone number of the persons the claim is against
NOTICE TO THE PARTY AGAINST WHOM THE CLAIM IS MADE Whoever is served with this notice of claim must within 10 days from the date of service file a reply. If he fails to do so, the Adjudicating Panel may then proceed to determine the dispute in his absence
FOR OFFICE USE ONLY Adjudicating AMOUNT CLAIMED € Panel staff will FILING FEES € fill in this part SERVICE FEES € TOTAL €
PARTICULARS OF THE CLAIM
WHERE? WHEN? Tell where this Tell when this happened happened
HOW MUCH? State how much is being claimed from the defendant € STEP 1 FROM COMPLETE the NOTICE You must be sure that the address that OF CLAIM using a you give is correct because this is typewriter or writing clearly. where the Registry will send you any Make sure that all the copies further notices or information. If your are legible. address changes at any time please notify the Registry immediately. STEP 2 FILE the NOTICE OF TO CLAIM by taking it to the Be sure that you have the correct Adjudicating Panel Registry. address of defendant. If there is more You must pay a filing fee, than one defendant put the name of which depends on the each defendant (side by side) in the amount you are claiming and space provided. In such a case a service fee. The staff will however make sure that the claim is a check the form and when it is result of the same transaction. accepted for filing, apply the registry stamp, add on filing WHAT HAPPENED? and service fees and assign a You do not need to tell everything file number. The Registrar about your case here. You must tell will then proceed to serve on just enough to let defendant know your behalf the defendant what the case is all about. Keep your with a copy of the Notice of description brief. You will have a full Claim. opportunity to present all the facts during the trial. STEP 3 WHAT HAPPENS AFTER WHERE? If the defendant files a reply, A Notice of Claim must be filed in the you will be served with a Registry of the Adjudicating Panel copy of the reply. where the transaction, to which the claim refers, took place. HOW MUCH? You must here state the amount of your money claim. The said amount cannot exceed five thousand euro (€5,000). PRIVATE RESIDENTIAL LEASES
PARTICULARS OF THE CLAIM - continued
LIST YOUR Name and address of persons you intend to WITNESSES IN THIS call as witness PART
WHAT HAPPENED? ATTACH EXTRA SHEETS IF SPACE IS INSUFFICIENT
Say what is being claimed, stating briefly the facts that led to the dispute signature of claimant date REGISTRY FILE NUMBER Form 2 LOCATION
REPLY IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES
TO CLAIMANT Fill in the name, address and telephone number of the person making the claim against you
FROM DEFENDANT Fill in the name, address and telephone number of the defendant filing this reply
NOTICE TO DEFENDANT If with your reply you want to make a counter-claim then you should complete the part of this form entitled "Reply with Counter-claim".
WHERE DEFENDANT THINKS SOMEONE ELSE SHOULD PAY THE CLAIM If you think that someone else should pay the claim, whether in full or in part, you should indicate such other party and serve him with a copy of the claim made against you, your reply, a notice to a third party form and a blank reply form.
Adjudicating FOR OFFICE USE Panel staff will ONLY fill in this part AMOUNT € *Amount CLAIMED* claimed is only FILING FEES € applicable if you as a defendant SERVICE FEES € are also making a TOTAL € counter-claim together with this reply PRIVATE RESIDENTIAL LEASES
STEP 1 FROM COMPLETE the REPLY This is where you identify the party using a typewriter or writing who is filing this Reply. Give an clearly. Make sure that all the address where notices and other copies are legible. information about the dispute can be sent to you. If this address changes at any time be sure to inform the Adjudicating Panel Registrar. STEP 2 FILE the REPLY by taking it DISPUTE to the Adjudicating Panel for You do not need to tell everything Private Residential Leases about your case here. You must tell where the NOTICE OF just enough to indicate to the claimant CLAIM against you was and to the Adjudicating Panel what filed. The staff will check parts of the claim you dispute and why. your form and if it is in order, If there is anything in the Notice of accept it for filing. The Claim with which you agree, be sure to REPLY must be filed within include that in your reply. the 10 days from when you are served with the NOTICE OF CLAIM. STEP 3 COUNTERCLAIM Where defendant thinks that If you want to make a counter-claim someone else should pay the that is a claim against the claimant, claim, he should fill that part then together with your reply you must of the form which concerns a also complete that part of the form third party. entitled "Reply with Counter-claim" following the instructions on this form. To make a counter-claim your own claim must be connected to or related to the claim that the claimant has made against you. PARTICULARS OF YOUR REPLY
LIST YOUR Name and address of whom you intend to call WITNESSES IN as witness THIS PART
DISPUTE ATTACH SEPARATE SHEETS IF SPACE IS NOT ENOUGH
State if you are disputing the claim being made. If you are then explain with what you disagree and why
Defendant’s signature date PRIVATE RESIDENTIAL LEASES
REPLY WITH COUNTERCLAIM
If defendant wishes to make a counter-claim, the following part should also be filled.
WHERE? WHEN? Tell where this Tell when this happened happened
HOW MUCH? State how much is being claimed from the defendant €
PARTICULARS OF THE COUNTERCLAIM
LIST YOUR Name and address of person you intend to call as witnesses WITNESSES IN THIS PART
WHAT HAPPENED? Attach extra sheets if space is insufficient
Say what is being claimed, stating briefly the facts that led to the dispute
Signature of defendant Date REGISTRY FILE NUMBER Form 3 LOCATION
COUNTERCLAIM REPLY IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES
TO DEFENDANT Fill in the name, address and telephone number of the person making the claim against you
FROM CLAIMANT Fill in the name, address and telephone number of the defendant filing this reply
My reply to your counter-claim is that State reasons
Adjudicating FOR OFFICE USE Panel staff will ONLY fill in this part AMOUNT € *Amount CLAIMED* claimed is only FILING FEES € applicable if you as a defendant SERVICE FEES € are also making a TOTAL € counter-claim together with this reply PRIVATE RESIDENTIAL LEASES
STEP 1 FROM COMPLETE the This is where you identify the party COUNERCLAIM REPLY who is filing this Reply. Give an using a typewriter or writing address where notices and other clearly. Make sure that all the information about the dispute can be copies are legible. sent to you. If this address changes at any time be sure to inform the Adjudicating Panel Registrar. STEP 2 FILE the COUNERCLAIM DISPUTE REPLY by taking it to the You do not need to tell everything Adjudicating Panel for about your case here. Private Residential Leases where you filed the NOTICE OF CLAIM. The staff will check your form and if it is in order, accept it for filing. The COUNERCLAIM REPLY must be filed within the 10 days from when you are served with the counter-claim. PARTICULARS OF YOUR COUNTERCLAIM REPLY
LIST YOUR Name and address of whom you intend to call as WITNESSES IN witness THIS PART
DISPUTE ATTACH SEPARATE SHEETS IF SPACE IS NOT ENOUGH
State if you are disputing the claim being made. If you are then explain with what you disagree and why
Defendant’s signature date PRIVATE RESIDENTIAL LEASES
REGISTRY FILE NUMBER Form 4 LOCATION
NOTICE OF HEARING IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES
TO CLAIMANT
AND DEFENDANT
You are informed that the hearing of your claim will take place before an Adjudicator of the Adjudicating Panel for Private Residential Leases: on date time at address where the hearing will be held signature of Adjudicating Panel Registrar date
NOTICE OF HEARING ATTEND for the hearing at least ten minutes before the appointed time. Make sure that you are fully prepared, since this will be your only opportunity to state your case and submit your evidence to the Adjudicating Panel. BEAR IN MIND these points 1) BRING all the documents that are relevant to the case such as receipts, correspondence or agreements. 2) MAKE SURE that any witnesses whose evidence you need arrive early. If a witness is not prepared to attend voluntarily, then you should apply to the Adjudicating Panel for the issue of a Summons to Witness (Form 7). The summons is an order of the Adjudicating Panel telling the witness to attend for the hearing. 3) PREPARE what you are going to say beforehand. Go over all the facts in chronological order. You may during the hearing refer to any notes you may have prepared beforehand. REGISTRY FILE NUMBER Form 5 LOCATION
SUMMONS TO WITNESS IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES
In the case between: Fill in the names of the parties to the claim copying them from the Notice of Claim CLAIMANT AND
DEFENDANT
TO Fill in the name and address of the person you want to attend the Adjudicating Panel
Name of party who requires witness APPLICANT
WHEN AND WHERE Witness is required to attend before the Adjudicating Private Residential Leases Fill in the place, date and time of the hearing on date at time at full address of the place where witness must
WHY IS THE WITNESS BEING SUMMONED State briefly to your witness why you need his evidence
Witness is required to bring these documents and other If you want the witness to bring to the hearing any documents or other things list them here
Sign and date your signature of party applying for summons summons date PRIVATE RESIDENTIAL LEASES
be For office use only the DECREE BY ADJUDICATOR Panel After having considered this application for a summons to witness, I hereby authorise the issue of this summons and order witness to appear at the place, time and date as aforesaid and to bring any of the documents or things as required in this summons signature of Adjudicator date
NOTICE TO WITNESS Once you have received a notice of summons duly authorised by the Adjudicating Panel, you must then attend for the Adjudicating Panel hearing at the time and place indicated in this summons and bring with you any documents or other things required from you in the summons.
SUMMONS TO WITNESS You do not need to ask the Adjudicating Panel to issue a Summons to Witness, if witness is prepared to attend voluntarily. COMPLETE the Summons to Witness following the instructions on the form. Be sure to type or write clearly and that all copies are legible. FILE the Summons to Witness by taking it to the Adjudicating Panel Registry. The Staff will check if the form has been completed correctly. They will then apply the registry stamp and proceed with the service of the summons. If you want the witness to bring any specific documents (for example invoices) be sure to list them in your summons. REMEMBER to file the summons in good time before the date of the hearing when you want the witness to attend. If a witness who is notified with the summons fails to attend the Adjudicator may then issue an Order of Escort against him.
REGISTRY FILE NUMBER Form 6 LOCATION
ORDER OF ESCORT IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES
In the case between:
CLAIMANT AND
DEFENDANT
TO Officer executing order of arrest
Whereas the witness ............................................................................ .............. ............................................................................ .............. ............................................................................ .............. full name and address of witness was served with a Summons to Witness at the hearing of this claim and the said witness failed to obey the summons, and I am satisfied that the evidence of the witness is material to this claim, YOU ARE THEREFORE ORDERED TO ESCORT AND BRING THE WITNESS BEFORE THIS ADJUDICATING PANEL on date time at address where the trial is to be held signature of date Adjudicator