Civil PreTrial Procedures Civil pretrial procedures Procedures that
![Civil Pre-Trial Procedures Civil Pre-Trial Procedures](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-1.jpg)
![Civil pre-trial procedures • Procedures that occur before a trial commences in a civil Civil pre-trial procedures • Procedures that occur before a trial commences in a civil](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-2.jpg)
![Main Aim of Civil Pre-Trial Procedures To inform both parties and the court of Main Aim of Civil Pre-Trial Procedures To inform both parties and the court of](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-3.jpg)
![Pleadings • Purpose is to gain information about the claim • Requires parties to Pleadings • Purpose is to gain information about the claim • Requires parties to](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-4.jpg)
![Contain: • Details of the claim by the Plaintiff • Matters being raised as Contain: • Details of the claim by the Plaintiff • Matters being raised as](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-5.jpg)
![Formal written document Pleadings : Writ Plaintiff issues against the Defendant Explains action being Formal written document Pleadings : Writ Plaintiff issues against the Defendant Explains action being](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-6.jpg)
![Pleadings : Writ • Then sent to court and copy served on the Defendant Pleadings : Writ • Then sent to court and copy served on the Defendant](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-7.jpg)
![Pleadings: Notice of Appearance Defendant must enter a Notice of Appearance to indicate they Pleadings: Notice of Appearance Defendant must enter a Notice of Appearance to indicate they](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-8.jpg)
![Pleadings: Statement of Claim (normally attached to the Writ) Explains nature of claim Explains Pleadings: Statement of Claim (normally attached to the Writ) Explains nature of claim Explains](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-9.jpg)
![Pleadings: Statement of Defence Sets out a response to each of the allegations contained Pleadings: Statement of Defence Sets out a response to each of the allegations contained](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-10.jpg)
![Directions Hearings • Heard before judge or associate judge • Discuss progress of case Directions Hearings • Heard before judge or associate judge • Discuss progress of case](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-11.jpg)
![Discovery • Purpose: • Allows the parties to get further information about the facts Discovery • Purpose: • Allows the parties to get further information about the facts](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-12.jpg)
![Interrogatories Stages of Discovery/production of documents Medical examination/reports Interrogatories Stages of Discovery/production of documents Medical examination/reports](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-13.jpg)
![Discovery: Interrogatorie s • Either side may serve interrogatories on each other • Questions Discovery: Interrogatorie s • Either side may serve interrogatories on each other • Questions](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-14.jpg)
![Discovery: Discovery of Documents Either side may request the other side to disclose any Discovery: Discovery of Documents Either side may request the other side to disclose any](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-15.jpg)
![Discovery: Medical Examination If the case involves bodily injury the Defendant may ask Plaintiff Discovery: Medical Examination If the case involves bodily injury the Defendant may ask Plaintiff](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-16.jpg)
![Mediations • At any time during pre-trial or trial proceedings, the court may order Mediations • At any time during pre-trial or trial proceedings, the court may order](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-17.jpg)
- Slides: 17
![Civil PreTrial Procedures Civil Pre-Trial Procedures](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-1.jpg)
Civil Pre-Trial Procedures
![Civil pretrial procedures Procedures that occur before a trial commences in a civil Civil pre-trial procedures • Procedures that occur before a trial commences in a civil](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-2.jpg)
Civil pre-trial procedures • Procedures that occur before a trial commences in a civil case in the County or Supreme Court 2
![Main Aim of Civil PreTrial Procedures To inform both parties and the court of Main Aim of Civil Pre-Trial Procedures To inform both parties and the court of](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-3.jpg)
Main Aim of Civil Pre-Trial Procedures To inform both parties and the court of information relating to the case. Attempt to negotiate an out of court settlement Try to avoid the time and expense of going to court. If do go to court, information provided in pretrial proceudres should result in a quicker trial.
![Pleadings Purpose is to gain information about the claim Requires parties to Pleadings • Purpose is to gain information about the claim • Requires parties to](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-4.jpg)
Pleadings • Purpose is to gain information about the claim • Requires parties to state the main issues of the case • Compels each party to state material facts • Gives the court a written record of the case • Saves the court time and expense • Assist an out of court settlement if possible
![Contain Details of the claim by the Plaintiff Matters being raised as Contain: • Details of the claim by the Plaintiff • Matters being raised as](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-5.jpg)
Contain: • Details of the claim by the Plaintiff • Matters being raised as defence by the Defendant Pleadings Include 4 main documents: • Writ • Notice of Appearance • Statement of Claim • Statement of Defence
![Formal written document Pleadings Writ Plaintiff issues against the Defendant Explains action being Formal written document Pleadings : Writ Plaintiff issues against the Defendant Explains action being](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-6.jpg)
Formal written document Pleadings : Writ Plaintiff issues against the Defendant Explains action being taken against the Defendant Informs Defendant in which court and whether a jury involved
![Pleadings Writ Then sent to court and copy served on the Defendant Pleadings : Writ • Then sent to court and copy served on the Defendant](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-7.jpg)
Pleadings : Writ • Then sent to court and copy served on the Defendant by the Plaintiff. • Indicates cause of action and remedies sought • Filing of writ indicates commencement of legal proceedings
![Pleadings Notice of Appearance Defendant must enter a Notice of Appearance to indicate they Pleadings: Notice of Appearance Defendant must enter a Notice of Appearance to indicate they](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-8.jpg)
Pleadings: Notice of Appearance Defendant must enter a Notice of Appearance to indicate they will defend the case against them.
![Pleadings Statement of Claim normally attached to the Writ Explains nature of claim Explains Pleadings: Statement of Claim (normally attached to the Writ) Explains nature of claim Explains](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-9.jpg)
Pleadings: Statement of Claim (normally attached to the Writ) Explains nature of claim Explains cause of claim Sets out remedy or relief sought.
![Pleadings Statement of Defence Sets out a response to each of the allegations contained Pleadings: Statement of Defence Sets out a response to each of the allegations contained](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-10.jpg)
Pleadings: Statement of Defence Sets out a response to each of the allegations contained in the Plaintiff’s Statement of Claim Normally either admits (? settlement? ) or denies (off to court) the allegations
![Directions Hearings Heard before judge or associate judge Discuss progress of case Directions Hearings • Heard before judge or associate judge • Discuss progress of case](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-11.jpg)
Directions Hearings • Heard before judge or associate judge • Discuss progress of case and allow directions to be made • Purposes include: • giving directions • setting a timetable for future steps • hearing any applications • determining whether it is appropriate for mediation to occur • allocating a date for trial 11
![Discovery Purpose Allows the parties to get further information about the facts Discovery • Purpose: • Allows the parties to get further information about the facts](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-12.jpg)
Discovery • Purpose: • Allows the parties to get further information about the facts of the case Pleadings Vs Discovery • Pleadings = info about the claim • Discovery = facts about the case, what actually occurred.
![Interrogatories Stages of Discoveryproduction of documents Medical examinationreports Interrogatories Stages of Discovery/production of documents Medical examination/reports](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-13.jpg)
Interrogatories Stages of Discovery/production of documents Medical examination/reports
![Discovery Interrogatorie s Either side may serve interrogatories on each other Questions Discovery: Interrogatorie s • Either side may serve interrogatories on each other • Questions](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-14.jpg)
Discovery: Interrogatorie s • Either side may serve interrogatories on each other • Questions relating to the known facts of the case • Obtain information that may be used as evidence • Deadline is set for written responses • Saves court time and expense • Just key facts in the trial • Reduces element of surprise in the trial
![Discovery Discovery of Documents Either side may request the other side to disclose any Discovery: Discovery of Documents Either side may request the other side to disclose any](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-15.jpg)
Discovery: Discovery of Documents Either side may request the other side to disclose any relevant documents. All relevant documents must be disclosed Either party may inspect all documents Some documents may be protected by privilege (eg doctors reports), their existence must still be disclosed.
![Discovery Medical Examination If the case involves bodily injury the Defendant may ask Plaintiff Discovery: Medical Examination If the case involves bodily injury the Defendant may ask Plaintiff](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-16.jpg)
Discovery: Medical Examination If the case involves bodily injury the Defendant may ask Plaintiff to submit to appropriate medical examination May ask for hospital or medical reports to be produced.
![Mediations At any time during pretrial or trial proceedings the court may order Mediations • At any time during pre-trial or trial proceedings, the court may order](https://slidetodoc.com/presentation_image/301d0a4cae81515729ace1891ed5f592/image-17.jpg)
Mediations • At any time during pre-trial or trial proceedings, the court may order the matter to be referred to mediation. • More often than not a court will order that the parties attend mediation before trial.
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