Chapter 17

Question 0

What is the defendant

Answer 0

The defendant is the term given to the party who is being sued by the plaintiff.
- they allegedly infringed the plaintiffs rights, causing them injury

Question 1

What is the plaintiff

Answer 1

The plaintiff is the term given to the party who commences the civil action or brings the law suite

• they argue their rights have been infringed
• they seek compensation

Question 2

What is the purpose of pre trial procedures

Answer 2

• ensure both parties are informed of the details of legal action through the exchange of documents
• also I form the defendant that a legal action is being taken against them
• helps clarify issues
• allows parties to prepare their case and provide information to the courts
• reduce delay at trial

Question 3

What steps are involved in pleadings (stages, documents)

Answer 3

• writ or origination motion
• statement of claim
• notice of appearance
• statement of defence
• counterclaim

Question 4

What is the purpose of pleadings

Answer 4

To set out the nature of claim made by the plaintiff, including the remedy sought by the plaintiff and the defence raised by the defendant.

Question 5

Pleadings has an emphasis on what?

Answer 5

Pleadings has an emphasis on raising points of law.

Question 6

What pre trial procedure informs parties of the claim against them, and inform the court of the potential case?

Answer 6

Pleadings

Question 7

What is a writ or origination motion

Answer 7

A document that informs the defendant of the case against them, the remedy being sought.

Question 8

Who prepares a writ, and where is it lodged

Answer 8

A writ is a standard legal document, prepared by a plaintiffs solicitor and lodged with the Supreme Court

Question 9

What is a statement of claim

Answer 9

A document explaining specific details of the plaintiffs claim, such as facts alleged by the plaintiff and the remedy sought. Generally attached to a writ

Question 10

What document is a statement of claim usually attached too

Answer 10

A writ

Question 11

What specific details are outlined in a statement of claim

Answer 11

Alleged facts and remedy being sought

Question 12

What is a notice of appearance

Answer 12

A legal document stating that the defendant wishes to defend the clai

Question 13

Who issues a notice of appearance and to whom

Answer 13

The defendant issues a notice of appearance to the court, and this is forwarded to the plaintiff

Question 14

What is included in a statement of defence

Answer 14

The defendant response to the allegations of the plaintiff made in the statement of claim

Question 15

Who issues a statement of defence, and who receives it

Answer 15

The defendants solicitor writes the statement of defence, and sends this too the plaintiff.

Question 16

What is then purpose of a statement of defence

Answer 16

Provide details regarding the defendants defence, including any allegations admitted or denied.
Their version of the facts.

Question 17

What is a counterclaim

Answer 17

A counterclaim is a separate action against the plaintiff, suing them for damage or injury. The two matters are usually dealt with together

Question 18

What is the purpose of the discovery stage of pre trial precedures

Answer 18

Discovering and raising questions of fact in the dispute.
Allowing parties to disclose all documents and information relevant to the case, so they are fully informed of the case against them.

Question 19

What does the discovery stage facilitate

Answer 19

An out of court settlement.

Question 20

What does discovery give the parties

Answer 20

Information pertaining to their case

Question 21

What steps are involved in discovery

Answer 21

• interrogatories

- discovery and production of documents

Question 22

What are interrogatories

Answer 22

Specific written questions concerning issues of fact that either party can serve on the other.

Question 23

Can evidence gained in interrogatories be used at trial?

Answer 23

Yes

Question 24

What occurs during interrogatories for both parties - what must be completed

Answer 24

Answering these question with in a specific time frame, usually 60 day

Question 25

What happens during the discovery and production of documents step

Answer 25

Parties request access to any documents they intent to use in the case. Which can be copied

Question 26

What format can document be in

Answer 26

Written documents printed, emails, photographs, videotape, audio tape
Film or other recording