9- Civil Pre-Trial Procedures Flashcards
List 5 civil pre-trial procedures that are part of the pleadings.
- Writ of summons
- Statement of claim
- Statement of defence
- Notice of appearance
- Counter-claim
Describe the writ of summons and explain it’s purpose.
The writ is a legal document prepared by the plaintiff’s solicitor and is submitted to the Supreme Court.
It aims to inform the defendant of legal action, and determines what court and judge/jury hears it.
Describe the statement of claim and explain it’s purpose.
The statement of claim is a legal document that’s attached to the writ. It is written by the plaintiff’s solicitor to the defendant.
It aims to explain the details of the claim:
- the compensation and remedy being sought
- and the alleged facts
Describe the statement of defence and explain its purpose.
The statement of defence is written by the defendant’s solicitor and is sent to the plaintiff. It responds to the statement of claim.
It aims to outline the details of the defence:
- any allegations (that are admitted or denied)
- their version of the facts
Describe the notice of appearance and explain its purpose.
Two copies of this document are sent by the defendant to the court, who forwards one copy onto the plaintiff.
Its purpose is to inform the court and plaintiff that the defendant will defend the claim.
Describe the counter-claim and explain its purpose.
The counter-claim is made by the defendant against the plaintiff (they can sue for damages or injury).
It gives the defendant the chance to claim compensation, BUT it could complicate he case and increase delays.
Evaluate the civil pre-court proceedings.
+ it allows communication and understanding between parties
+ ensures that both parties are fully informed of the case against them
+ it encourages an out-of-court settlement and saves time
- can be abused to deplete one party’s resources
- increase delays
List 2 civil pre-trial procedures that are part of the discovery.
- The discovery documents
2. Interrogatories
Describe the discovery documents and explain their purpose.
Discovery documents are emails, videos, audio, photographs, health documents, etc.
Either party can request access to these. They can be used as evidence in trial.
Describe the interrogatories and their purpose.
Interrogatories are specific written questions regarding issues of fact. The party receiving the interrogatory must respond within 60 days.
This information could be used as evidence, to check the evidence of witnesses and therefore save time in trial.
Describe a directions hearing and explain its purpose.
A directions hearing involves a third party (judge / judge’s associate) and both the parties. The third party gives directions to the other parties (eg, may require a ‘statement of facts/issues’ to be filed.)
It allows the court to identify the main issues of the case, and encourages an out-of-court settlement. This reduces the time taken for the pre-trial and trial procedures .
