MAG COURT RULES Flashcards
What is rule 6 about?
Rules relating to pleadings generally.
What does rule 6(13) hold?
If a party fails to comply with any of the provisions of this rule, such pleading shall be deemed to be an
irregular step and the opposite party shall be entitled to act in accordance with rule 60A.
What is rule 60A about?
Irregular proceedings.
What does rule 60A(1) hold?
A party to a cause in which an irregular step has been taken by any other party may apply to court to
set it aside.
What is rule 13 about?
NOI to Defend.
What is rule 17 about?
Plea.
What does rule 17(1) hold?
Where a defendant has delivered notice of intention to defend, the defendant shall within 20 days after
the service upon him or her of a declaration or within 20 days after delivery of such notice in respect of
a combined summons, deliver a plea with or without a claim in reconvention, or an exception with or
without application to strike out.
What is rule 20 about?
Claims in reconvention.
What does rule 20(5-7) hold?
- A defendant delivering a claim in reconvention may by notice delivered therewith or within 5 days
thereafter apply to the court to pronounce that the claim in reconvention exceeds its jurisdiction and to
stay the action under section 47 of the Act - Where a court finds that the claim in reconvention exceeds its jurisdiction, the defendant may forthwith
or by notice delivered within 5 days after such finding apply for stay of the action - If no application for stay is made or, having been made, has been dismissed, the court shall on the
application of the plaintiff or otherwise of its own motion dismiss a claim in reconvention pronounced to
exceed its jurisdiction, unless the defendant shall forthwith abandon under section 38 of the Act sufficient
of such claim to bring it within the jurisdiction of the court
What is rule 21 about?
Replication and plea in reconvention
What does rule 21A about?
Close of pleading
What is rule 19 about?
Exceptions and applications to strike out.
What is rule 23?
Discovery of documents.
What does rule 19(1) deal with?
Exceptions.
What does rule 19(2) deal with?
Application to strike out.