3.2.5 the purposes of civil pre-trial procedures

Question 1

pleadings

Answer 1

where documents are filed and exchanged between the parties to clarify the issue, the remedy being sought by the plaintiff, each parties claims and defences.

Question 2

discovery of documents

Answer 2

where parties receive copies of documents relating to the case, and inspect one another’s to ensure they are primed for the arguments brought against them.

Question 3

exchange of evidence

Answer 3

where parties disclose all evidence against the other including disclosing all documents or witness/ppl called to give evidence

Question 4

purpose of civil pre-trial procedures

Answer 4

the fundamental purpose of civil pre-trial procedures is to ensure procedural fairness in the hope of reaching an out-of-court settlement.

Question 5

purposes of pleadings

Answer 5

to guarantee each party is aware of the material facts, the case against them, and provide a record for the court while promoting an out of court settlement.

Question 6

purpose of discovery

Answer 6

• ensure no surprises
• compare strength of cases
• ensure equality because both parties participate

Question 7

purpose of exchange of evidence

Answer 7

• determine the strength of each case
• understand remedy being sought
• opportunity to contest evidence

Question 8

civil pre-trial procedures - access

Answer 8

saves court time and resources however very complex processes

Question 9

civil pre-trial procedures - fairness

Answer 9

minimises delays because all issues are clarified, the case presented in its best light and eliminates any element of surprise however very complex processes.

Question 10

civil pre-trial procedures - equality

Answer 10

applies to all parties and both parties must participate in discovery however one party may be disadvantaged due to the technical requirements