Class 3 Flashcards
What is Rule 1 about?
Citing. The Rules of Civil Procedure shall be structured in a 1.01 format with the fist number being the rule, and the rest being the section
According to Rule 2, if a rule is violated, does that invalidate the whole case? What is the recourse?
No. A court has great discretion to amend or grant relief where it is necessary for the purposes of ensuring justice.
Can a court on its own discretion throw out a case for frivolity?
Yes. Rule 2.1
Rule 3 governs time. Which dates in a timeline are to be counted?
The day on which the timeline is presented is excluded, but includes the final day. Holidays (including weekends) are not counted.
When is considered the end of day for a court?
4pm
What happens when a timeline would expire on a holiday?
The deadline is shifted to the next day
If a lawyer misses a deadline, is the case over?
No. Court has discretion to extend deadlines, even after the deadline has passed
what rule governs court documents?
Rule 4
Which rule governs originating processes?
Rule 14
Is a counterclaim an originating process. What kind of claim is?
No. A 3rd party cross claim is originating, as would be the reciprocal statement of defence if that segment of defence involved more than the crossclaimer
Every proceeding shall be a ____ except as provided by ___
action, rules or statute
Applications are generally enabled through ___
statutes
What differentiates between actions and applications?
Actions are in person and generally revolve around claims for compensation. Applications are done through paper and generally ask the court to resolve a material issue when the facts are not in dispute.
What is a pleading?
The initial documents of an action. the Statement of Claim and the Intent to defend (if used) and the statement of defence
Can a party argue something not in their pleadings?
No. they can amend their pleadings, but they cannot argue outside what is in the pleadings.
