Flashcards in 6: Civil Pre-Trial Procedures and their purpose Deck (20)
Involves both parties in a civil dispute stating their case in written form through the exchange of documents.
Pleading Step 1:
Statement of claim
Statement of claim:
States the claim made against the defendant and the remedy sought.
Pleading Step 2:
This document sets out to the extent which the defendant considers they are liable
Pleading Step 3:
The defendant may bring a separate action against the plaintiff who brought an action against them.
Pleading purpose 1:
To provide important information about the precise nature of the claims
Pleading purpose 2:
If an out-of-court settlement is not possible, each party is given knowledge of the opposing parties' case to better prepare their own case.
The discovery procedure enables the parties to gain further information on matters that remain unclear, as facts and document are disclosed which form the basis of the claims and defences.
Discovery Step 1:
Specific written questions concerning issues of fact that parties can serve on the other. Response must be within 60 days.
Discovery Step 2:
Discovery and production of documents
Discovery and production of documents:
Parties can request the other party provides them with access to any documents they intend to use in the case.
Discovery purpose 1:
Requires the parties to disclose all relevant material and documents to the other side
Discovery purpose 2:
Reduce the element of surprise at a trial and avoid a 'trial by ambush'
These are brief hearings where the court can give parties directions about the further conduct of pre-trial proceedings. The court may also refer the matter to mediation in an attempt to achieve a quicker and more efficient resolution.
Directions hearings purpose 1:
Try to reach an out-of-court settlement.