Checklist: what to check before filing the statement of defense

Check that the pleading is filed at least seventy days before the hearing specified in the summons or deferred under Art. 171-bis c.p.c. Late filing causes the forfeiture of the right to raise procedural and substantive exceptions that cannot be raised by the court on its own motion.

Ensure you have specifically addressed the facts alleged by the plaintiff pursuant to Art. 115 c.p.c. A generic denial or failure to contest 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 scrutiny. These must be included in the statement of defense under penalty of forfeiture pursuant to Art. 167 c.p.c.

Verify the inclusion of any counterclaim and the timely formulation of its essential elements. Failure to comply with the filing deadline precludes the right to bring counterclaims in the same proceedings.

Ensure that the motion to postpone the hearing is submitted simultaneously with the declaration of intent to call a third party. Failure to request the postponement prevents the third party from being joined in the proceedings.

Ensure the power of attorney is valid, duly signed, and properly attached to the pleading. Deficiencies in the power of attorney result in a lack of procedural representation and invalidate the appearance in court.

Ensure that the conclusions are comprehensive and that evidentiary requests are specifically formulated. Omissions or inaccuracies may compromise the full exercise of the right of defense.

Verify the accuracy of the parties' identifying details, tax codes, and case reference numbers. Errors in demographic data may hinder the proper electronic management of the case file.