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Civil Procedure

Civil Procedure. Chapter 11 overview. PLEADINGS. Pleadings. Documents filed with the court and exchanged between parties so that the details of the claim can be known

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Civil Procedure

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  1. Civil Procedure Chapter 11 overview

  2. PLEADINGS

  3. Pleadings Documents filed with the court and exchanged between parties so that the details of the claim can be known Encourage out-of-court settlement, make sure that both parties are ready for trial and limit the area of the dispute by encouraging them to agree on as many points as possible

  4. Pleadings continued Pleadings commence when the plaintiff files a writ. A statement of claim is usually attached. The defendant gives notice that they will defend the action by filing a notice of appearance and a statement of defence. A counterclaim may also be made by the defendant. Pleadings may conclude with a reply.

  5. DISCOVERY

  6. Discovery Discovery involves both parties giving complete and honest disclosure of all their evidence. Purpose is to encourage out-of-court settlement by showing each party the strength of the other side’s case. Also, to minimise surprises for each party once the trial starts.

  7. Discovery continued Interrogatories are detailed written questions about the other side’s evidence. Each party will supply a list (affidavit) of their evidence, and must give the other side copies of anything they request. This is called ‘discovery of documents’.

  8. Which statement most accurately describes the discovery stage in a civil dispute?

  9. A. Discovery gives the court the opportunity to direct the parties on how the action should proceed. B. Discovery is where each party undertakes full and honest disclosure of all their evidence before trial. C. Discovery is a set of detailed written questions served by one party on another, to find out details about their evidence. D. Discovery is documents filed with the court and exchanged between the parties so that the details of the claim can be known.

  10. CIVIL DIRECTIONS HEARING

  11. Civil directions hearings Hearings conducted with the judge who will try the case, where issues of law can be settled and an efficient timetable can be set for the trial. Purpose is to identify whether there is any final chance for out-of-court settlement and to speed up the resolution if the case does proceed to trial.

  12. Civil directions hearings continued The judge may refer the parties to mediation with or without their consent. Parties should estimate the number of witnesses they will call, and highlight any problems with the witnesses’ availability.

  13. CIVIL REMEDIES AND THEIR PURPOSES

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