Basic Litigation Midterm Review

Question 1

Flow of a Case State of Litigation

Answer 1

1. Pre-Notice of Civil Claim
2. Pleadings
3. Discovery
4. Trial

Question 2

Describe the definitions of “File”, “Personally serve”, and “Originally serve”

Answer 2

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.

Question 3

what is a “limitation period”?

Answer 3

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.

Question 4

There are three documents to open a file.

Answer 4

Notice of Civil Claim, Petition, and Originating Requisition.

Question 5

Name two documents that must to be personally served.

Answer 5

NOCC, Third Party Notice.

Question 6

After filing with the court, when must the NOCC be served?

Answer 6

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.

Question 7

Who files the Response to Civil Claim? and how is it usually served, personally or ordinarily?

Answer 7

Defendant, ordinarily served.

Question 8

Who can file a Counter Claim?

Answer 8

Defendant

Question 9

When must the Summary Trial be held?

Answer 9

at least 42 days before trial

Question 10

When the defendant counterclaims against a new party, what is this party referred to as?

Answer 10

defendant by way of counterclaim

Question 11

What are the seven pleadings?

Answer 11

1. notice of civil claim
2. response to civil claim
3. reply
4. notice of counterclaim
5. response to counterclaim
6. third party notice
7. response to third party notice

Question 12

The defendant must file and serve the RCC on the plaintiff within ____________

Answer 12

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.

Question 13

Who can file NCPC? (notice of case planning conference)

Answer 13

The party wanting a CPC, either plaintiff or defendant can file it.

Question 14

Describe 4 conditions of Fast Track Litigation

Answer 14

1. The claims for damages are for $100,000 or under; or
2. The trial of the action can be heard in 3 days or less; or
3. The parties to the action consent; or
4. The court orders the action into the fast track.

Question 15

When is the Reply filed?

Answer 15

Within 7 days after the RCC has been served, if the plaintiff wants to answer something new that the defendant raised in the RCC.

Question 16

When the address of service is changed, who changes it?

Answer 16

the new lawyer

Question 17

Under what circumstances a plaintiff can proceed a default judgement?

Answer 17

1. the defendant has not filed and served an RCC
2. the period of doing so has expired

Question 18

When proceeding a default judgement, the plaintiff must file:

Answer 18

1. proof of service of the NOCC (an affidavit of personal service)
2. a Requisition signed by the registrar indicating that the defendant has not filed an RCC (which is obtained by way of a registry search
3. draft default judgement.

Question 19

What is Case Planning Conference?

Answer 19

The CPC brings the parties together early in the litigation to talk about how the case will proceed.

Question 20

Summary trial must be heard at least ___ days before trial

Answer 20

42

Question 21

Summary trial must be heard by:

Answer 21

a judge. Masters cannot hear summary trials.

Question 22

What is Summary Judgement?

Answer 22

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.

Question 23

Who is considered as person under disability?

Answer 23

infant, mentally incompetent person.

Question 24

Describe 4 elements of Style of Cause

Answer 24

1. action number
2. court registry
3. court title
4. identification of the parties

Question 25

If a document is sent by mail, service is effective on:

Answer 25

the same day in the following calendar week. if it’s Saturday or holiday, then the next day that is not a Saturday or holiday.

Question 26

If a fax is 30 pages or more, without prior agreement, it can be faxed only between:

Answer 26

5pm and 8pm

Question 27

Describe circumstances when there is change of style of cause

Answer 27

1. addition of parties by counterclaim or third party notice
2. after the close of pleadings by court order; or when an infant has attained the age of majority.

Question 28

What are the purposes of pleadings?

Answer 28

1. to define the issues for the court; and
   to give fair and proper notice to the other side of the case

Question 29

When serving a mentally incompetent person, you have to do it by leaving a copy with:

Answer 29

the committee or the caretaker or the person appointed by the court to be responsible for them; AND the public guardian & Trustee.

Question 30

Describe three methods of ordinary service

Answer 30

1. mail
2. fax
3. email