Civil Procedure (ALL) Flashcards
What is the first step in a civil procedure in the Supreme Court?
Pleadings; exchange of documents between Plaintiff, Accused and the Court
What are the documents within pleadings?
Writ, Statement of Claim, a Defence, a Counterclaim (if filed), a Reply to Defence and Further and Better Particulars
What is a Writ?
A document which: explains to the defendant that an action is being taken against them.
Informs the defendant where the trial will be occurring and the mode of trial
What is a statement of claim?
Attached to the Writ or Originating Motion
Explains the nature of the claim, the cause and the remedy or relief sought
What is a defence?
After the defendant has served their notice of appearance noting that they will be fighting the claim, a defence either admits or denies the allegations
What is a counter claim?
A claim by the original defendant to the original plaintiff arising from the allegations taken out by the original plaintiff
What are further and better particulars?
A party may request a further and better particular of the other’s claim or defence
What is the purpose of directions hearings?
a brief hearing before the judge and is a chance for the parties to meet with the judge to discuss the progress of the case and give directions to the parties < No less than 35 days after the defendant has filed a notice of defence.
What is discovery?
Enables the parties to gain further information on matter that remain unclear. Involves the disclosure of documents and exchanging of documents that are relevant to the issues in dispute
What elements make up discovery?
Discovery of Documents, Interrogatories, Discovery by Oral Examination and Medical Examination
What is discovery of documents?
Preparation of documents which are first outlined in an affidavit of documents, which contains: All relevant documents that are or were in possession of the parties, All documents that the party refuses to disclosed due to their privileged nature
What are interrogatories?
searching questions relating to the known facts of the case. Usually requested to be completed within 60 days .
What is discovery by oral examination?
As a result of the interrogatories, a party may request that the other party answer some questions. If contested, the questions will be asked as if they were being examined in chief
What is the FAT reason for “a greater capacity for single judges to determine appeal applications”?
Timely Resolution of disputes; to ensure that the dispute and possible appeal are heard in as soon a time as possible
What is the FAT reason for “extending the time for an appeal to be made from 14 to 28 days”?
Fair Hearing; to ensure that the appeal has the best chance for success in the appeals court
