Federal Court Rules Flashcards
What is the originating process called in the Federal Court?
Originating application
What is required if your originating application includes damages
annex a statement of claim
What should you annex to your originating application if damages are not sought?
Affidavit or a statement of claim
How many times can you amend a pleading?
As many times as you want before the close of pleadings, with leave of the court otherwise
How long out from an interlocutory hearing do you have to serve an interlocutory application?
3 days out
Do you need to file an affidavit with an interlocutory application?
No, you can rely on correspondence
When can you give discovery to another party?
When the Court has made an order for discovery
What are the two types of discovery?
Standard and extensive
How do you give discovery?
By providing a list of documents
Can a non party be required to give discovery?
Yes, non party disclosure
What do you do if you are served with a NtP?
Within 4 days of service, provide a time with which the documents can be inspected.
How do you get a document that is in another parties possession?
Get an order for production
How do you withdraw a plea?
File a notice of withdrawal if it’s an admission, otherwise, get consent or leave.
Who can file a notice of discontinuance?
The party claiming relief before the first return date, otherwise, with consent.
If you wish to use an affidavit, when is it required to be served?
3 days out
