6: Civil Pre-Trial Procedures and their purpose

Question 1

Pre-Trial Procedures:

Answer 1

Discovery
Directions hearings
Pleadings

Question 2

Pleadings:

Answer 2

Involves both parties in a civil dispute stating their case in written form through the exchange of documents.

Question 3

Pleading Step 1:

Answer 3

Statement of claim

Question 4

Statement of claim:

Answer 4

States the claim made against the defendant and the remedy sought.

Question 5

Pleading Step 2:

Answer 5

Defences

Question 6

Defences:

Answer 6

This document sets out to the extent which the defendant considers they are liable

Question 7

Pleading Step 3:

Answer 7

Counterclaim

Question 8

Counterclaim:

Answer 8

The defendant may bring a separate action against the plaintiff who brought an action against them.

Question 9

Pleading purpose 1:

Answer 9

To provide important information about the precise nature of the claims

Question 10

Pleading purpose 2:

Answer 10

If an out-of-court settlement is not possible, each party is given knowledge of the opposing parties’ case to better prepare their own case.

Question 11

Discovery:

Answer 11

The discovery procedure enables the parties to gain further information on matters that remain unclear, as facts and document are disclosed which form the basis of the claims and defences.

Question 12

Discovery Step 1:

Answer 12

Interrogatories

Question 13

Interrogatories:

Answer 13

Specific written questions concerning issues of fact that parties can serve on the other. Response must be within 60 days.

Question 14

Discovery Step 2:

Answer 14

Discovery and production of documents

Question 15

Discovery and production of documents:

Answer 15

Parties can request the other party provides them with access to any documents they intend to use in the case.

Question 16

Discovery purpose 1:

Answer 16

Requires the parties to disclose all relevant material and documents to the other side

Question 17

Discovery purpose 2:

Answer 17

Reduce the element of surprise at a trial and avoid a ‘trial by ambush’

Question 18

Directions hearings:

Answer 18

These are brief hearings where the court can give parties directions about the further conduct of pre-trial proceedings. The court may also refer the matter to mediation in an attempt to achieve a quicker and more efficient resolution.

Question 19

Directions hearings purpose 1:

Answer 19

Try to reach an out-of-court settlement.

Question 20

Directions hearings purpose 2:

Answer 20

Set a timetable for future pre-trial procedures so the matter can proceed a trial.