Basic Litigation Midterm Review Flashcards
Flow of a Case State of Litigation
- Pre-Notice of Civil Claim
- Pleadings
- Discovery
- Trial
Describe the definitions of “File”, “Personally serve”, and “Originally serve”
File: the act of sending a document to the court registry.
Personally serve: the act of handing a document to the intended recipient.
Ordinarily serve: the act of sending a document to a party who has provided an address for service - by mail, courier, fax, or even email.
what is a “limitation period”?
A limitation period is the timeframe within which a party can start an action. It allows the party to do so within 2 years from the date of discovery.
There are three documents to open a file.
Notice of Civil Claim, Petition, and Originating Requisition.
Name two documents that must to be personally served.
NOCC, Third Party Notice.
After filing with the court, when must the NOCC be served?
NOCC must be served within 12 months, either before or on the expiry date. It can be renewed, with an extension granting an additional year of service.
Who files the Response to Civil Claim? and how is it usually served, personally or ordinarily?
Defendant, ordinarily served.
Who can file a Counter Claim?
Defendant
When must the Summary Trial be held?
at least 42 days before trial
When the defendant counterclaims against a new party, what is this party referred to as?
defendant by way of counterclaim
What are the seven pleadings?
- notice of civil claim
- response to civil claim
- reply
- notice of counterclaim
- response to counterclaim
- third party notice
- response to third party notice
The defendant must file and serve the RCC on the plaintiff within ____________
21 days of service of the NOCC if served in BC or Canada
within 35 days if served in US, and within 49 days if served elsewhere in the world.
Who can file NCPC? (notice of case planning conference)
The party wanting a CPC, either plaintiff or defendant can file it.
Describe 4 conditions of Fast Track Litigation
- The claims for damages are for $100,000 or under; or
- The trial of the action can be heard in 3 days or less; or
- The parties to the action consent; or
- The court orders the action into the fast track.
When is the Reply filed?
Within 7 days after the RCC has been served, if the plaintiff wants to answer something new that the defendant raised in the RCC.
When the address of service is changed, who changes it?
the new lawyer
Under what circumstances a plaintiff can proceed a default judgement?
- the defendant has not filed and served an RCC
- the period of doing so has expired
When proceeding a default judgement, the plaintiff must file:
- proof of service of the NOCC (an affidavit of personal service)
- a Requisition signed by the registrar indicating that the defendant has not filed an RCC (which is obtained by way of a registry search
- draft default judgement.
What is Case Planning Conference?
The CPC brings the parties together early in the litigation to talk about how the case will proceed.
Summary trial must be heard at least ___ days before trial
42
Summary trial must be heard by:
a judge. Masters cannot hear summary trials.
What is Summary Judgement?
Summary judgement weeds out those claims and responses that have no merit and will fail at trial.
Both the plaintiff and the defendant can file the application. It must be filed after a RCC has been filed.
Who is considered as person under disability?
infant, mentally incompetent person.
Describe 4 elements of Style of Cause
- action number
- court registry
- court title
- identification of the parties
