Lexipedia

Statement of defence

A defendant’s written response to a claim, setting out admissions, denials, objections and any defence arguments in civil proceedings.

In Swiss civil procedure, the statement of defence is the defendant’s main written answer after the statement of claim in ordinary proceedings. It addresses the claimant’s allegations, raises procedural objections, states the defendant’s legal position and identifies evidence. A defendant should deal with the facts specifically, because unchallenged allegations may carry procedural consequences. Depending on the type of case, the court may order further exchanges, move to preparatory steps or summon the parties to the main hearing.

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