Action proceedings - CK

Question 1

True or false: Action proceedings are initiated with a summons

Answer 1

True

Question 2

True or false: A combined summons includes both the summons and the particulars of claim

Answer 2

True

Question 3

True or false: Action proceedings are used when there is no material dispute of fact

Answer 3

False

Question 4

True or false: A simple summons is only used when the claim involves a liquidated amount

Answer 4

True

Question 5

Choose the correct answer:
What is the primary document used to initiate action proceedings?
a. Notice of Motion
b. Summons
c. Affidavit
d. Counterclaim

Answer 5

B - SUMMONS

Question 6

Choose the correct answer:
What happens if a defendant does not respond to a summons?
a. The case is dismissed
b. Judgement may be granted by default
c. The plaintiff must withdraw the claim
d. A new summons must be issued

Answer 6

Answer: B - JUDGEMENT MAY BE GRANTED BY DEFAULT

Question 7

Which rule governs the requirements for a summons in the mag court?

Answer 7

Rule5

Question 8

What is the purpose of a rule 14 summary judgment application?

Answer 8

Used by a plaintiff to obtain judgement without a trial when the defendent has no valid defense and the vlaim is based on a liquid document, liquidated demand, or certain other specified claims.

Question 9

When must a defendant file a plea?

Answer 9

Within 20 court days of filing a notice of intention to defend.

Question 10

Which rule governs the plea in action proceedings?

Answer 10

Rule 17