Checklist: what to check before filing the statement of defense

Verify that the document is filed at least seventy days before the hearing indicated in the summons or deferred under Art. 171-bis c.p.c. Late filing results in the forfeiture of the right to raise exceptions that cannot be raised by the court on its own motion.

Ensure that you have specifically addressed the facts alleged by the opposing party pursuant to Art. 115 c.p.c. A generic denial results in the facts being deemed proven.

Verify that you have raised the objection of lack of competence under Art. 38 c.p.c. and all other procedural or substantive exceptions not subject to ex officio review. These must be included in the statement of defense under penalty of forfeiture pursuant to Art. 167 c.p.c.

Verify the inclusion of the counterclaim and its essential elements in the pleading. Late filing precludes the possibility of bringing claims against the plaintiff in the same proceedings.

Verify that the request to adjourn the first hearing is made concurrently with the third-party call. The absence of such request prevents the court from authorizing the third-party summons.

Ensure that the power of attorney is valid, signed, and properly attached to the pleading. A defect in the power of attorney results in a lack of procedural representation and invalidates the appearance in court.

Verify that the final claims are exhaustive and that evidentiary requests are clearly formulated. Defective drafting may limit defensive activities during the trial.

Check the accuracy of the parties' personal details, tax codes, and case references. Errors in identifying data can cause issues in the electronic management of the court file.