7.3 Pre-Trial Procedures

Question 1

What are the pre-trial procedures?

Answer 1

• Pleadings
• Discovery of documents
• Exchange of evidence

Question 2

What are pleadings in pre-trial procedures?

Answer 2

Pleadings are a pre-trial procedure during which documents are filed and exchanged between the plaintiff and the defendant and which state the claims and the defences in the dispute.

Question 3

What are the two main documents exchanged during pleadings?

Answer 3

The two main documents exchanged during pleadings are:

• a statement of claim
• a defence.

Question 4

What is the statement of claim?

Answer 4

A document filed by the plaintiff in a civil case to notify the defendant of the nature of the claim and the remedy sought

Question 5

What is the defence in pleadings?

Answer 5

A document filed by the defendant which sets out a response to each of the claims contained in the plaintiff’s statement of claim

Question 6

What is discovery of documents?

Answer 6

Discovery of documents is a pre-trial procedure which requires the parties to list all the documents that are relevant to the case.

Question 7

What are the purposes of pleadings?

Answer 7

• achieving procedural fairness
• avoids taking an opponent by surprise
• gives the court a written record of the case
• sets limits to the disputes
• assists in reaching an out-of-court settlement

Question 8

What are the purposes of discovery of documents?

Answer 8

• disclose or reveal all relevant documents
• reduce the element of surprise at trial
• allows parties to determine the strength of the opposing case
• allows each party to have access to all relevant materials and documents
• assists in reaching an out-of-court settlement

Question 9

What is the exchange of evidence?

Answer 9

There are generally two types of evidence:

lay evidence - given by a layperson about the facts in dispute.

expert evidence - given by an independent expert about an area within their expertise.