Quiz 2: Court Documents & Service Flashcards

1
Q

Rules for court documents are set out in:

A

Rules for Civil Procedure

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2
Q

Circulars from courts are referred to as:

A

Practice Directions

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3
Q

Court documents must be:

A

Clear, legible, and of stable form

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4
Q

Court offices can ___ if documents is not as per the Rules.

A

Reject

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5
Q

Rule 4.01(1) is about…

A

Formatting

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6
Q

Formt Contents

A
double space
1 1/2" left margin
12 point or 10 pitch font
good quality white 8 1/2 x 11" paper
better to print on only one side
must be legible
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7
Q

Structure of documents

A

heading, body, backsheet (endorsement page)

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8
Q

Headings must be in accrodance with

A

Form 4A and Form 4B

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9
Q

Form 4A

A

Actions

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10
Q

Form 4B

A

Applications

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11
Q

Heading Contents

A

name of court
court file number
title of proceeding

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12
Q

Title of Proceeding

A

Style of Cause

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13
Q

Body of document - Not Issued

A

name
address
phone of lawyer who filed document

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14
Q

Body of document - Issued by registrar

A

address of court in which the proceeding was commenced

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15
Q

Backsheet must be in accordance with

A

Form 4C

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16
Q

Backsheet Contents

A
Short tile of proceeding
name of court
court file number
court address
title of document
information of lawyer or party
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17
Q

Service

A

Formally getting or giving a court document to a person involved in a proceeding

18
Q

Originating Process

A

documents that start a court proceeding

19
Q

Originating Process Examples

A

Statement of Claim
Notice of Action
Notice of Application
Application for Divorce

20
Q

Who can serve a document

A

Sheriff
Process Server
Member of law firm

21
Q

Lawyer retained by other party aka:

A

Solicitor of record

22
Q

Proof of Service - Sheriff

A

Certificate of Service

23
Q

Proof of Service - Process Server

A

Affidavit of Service

24
Q

Proof of Service - Firm

A

Affidavit of Service

25
Q

Proof of Service - Opposing Firm

A

Accept Service

Admit Service

26
Q

Method of serving originating process

A

personal service

27
Q

4 other methods if personal service fails

A

mail a copy and leave at residence with 18+
mail w/acknowledgement card
mail to corporate address
other parties lawyer agrees to accept

28
Q

Effective date if mailed

A

5th day after mailing

29
Q

Effective date if faxed

A

the day sent if before 4pm

30
Q

Effective date if couriered

A

second day following day courier was given document

31
Q

Effective date of document exchange

A

day after stamped

32
Q

Method granted by court for different type of service

A

Substituted service

33
Q

Which rules calculates counting time

A

Rule 3

34
Q

Calculate days between two events

A

do not count day of first event

do count day of second event

35
Q

Holidays

A

not included in count

Saturday and Sunday are considered holidays

36
Q

Two examples of proof of service

A

Certificate of Service

Affidavit of Service

37
Q

Court fees are payable to

A

Minister of Finance

38
Q

Requisition Form

A

document requesting court office to perform a task

39
Q

Acceptance

A

proof of service used for orginating process - Lawyer signs

40
Q

Admission

A

proof of service used for other documents - anyone in the firm can sign