Class 5 Flashcards
Can you serve via mail?
Yes, with permission from court. Must use registered mail (although proff has said this is rarely done)
Rule 14.08 - After the Statement of Claim has been filed with the court, how long does the plaintiff have to perform Deliverance?
6 months
What happens if a defendant fails to admit to certain facts that both parties agree upon?
Cost penalizations
Between admitting, denying, or stating no knowledge of, what is the default if the defendant is silent on the issue?
admitting
What is the one thing a defendant generally never admits to?
The amount of the damages
Is a plaintiff/s reply to a statement of claim mandatory?
No. A plaintiff will file a replay only when they are required to do so
What is the default if a plaintiff is required to deliver a reply, but fails to do so?
That all allegations are denied
How long does a party have to file particulars (ex. the defaming statement in a defamation suit), and what happens if they miss the deadline?
7 days. The other party can go to court with a motion
How many people sit on a civil jury?
6
What is required for a civil jury to pass a verdict?
5 of the 6 people must agree. it does not need to be the same 5 people for all issues.
What marks the close of pleadings? Is it after the defender files their statement of defence?
No. It is after the time for delivering a reply has expired, and any defendant who has not responded has been noted in default
Can a party amend pleadings? What is required for this?
An amendment can be made without court permission before the close of pleadings. After that, there must be permission given from the court through a motion
How long does a plaintiff have to defend against a counter claim?
20 days
