Pre-trial procedure


Pre-trial procedures
Mind Map by BELLE D, updated more than 1 year ago
Created by BELLE D over 8 years ago

Resource summary

Pre-trial procedure
  1. Letter of demand
    1. Writ issued
      1. Notice of appearance
        1. Possible counter-claim
          1. The defendant may bring a separate action against the plaintiff, suing them for damage or injury. The two matters are usually dealt with together.
          2. Statement of claim
            1. Statement of defence
              1. Discovery and interrogatories
                1. Directions hearing
                  1. Certificate of readiness
                    1. Trial
                      1. Once these procedures have been completed, the plaintiff will file a certificate of readiness for trial.
                      2. Directions hearings allow the court to be involved in some of the pre-trial stages leading up to a case being heard by the court. In a directions hearing, the court may give the parties directions about the pre-trial procedures, such as dates by which certain documents must be filed. The aim of directions hearings is to ensure that proceedings are conducted in an effective and timely manner. The court may ask the parties to come to an agreement about certain facts that are clear, so that court time is not taken up with this material.
                      3. At the end of pleadings either side may require the production of documents relevant to the case, to assist in clarifying any of the issues. Either side may produce a list of all documents they deem relevant to assisting their case. Any requested documents must be provided by the other side. This is called the discovery of documents. Interrogatories is the name given to the process whereby written questions are served by both sides and must be answered under oath. The answer to these questions are admissible as evidence in court, should the matter proceed to a hearing.
                      4. This is the defendant's response to the allegations made by the plaintiff in the statement of claim, and is written by the defendant's collector and sent to the plaintiff. This provides details of the defendant's defence, including any allegations admitted or denied and their version of the facts.
                      5. This document is written by the plaintiff's solicitor and is sent to the defendant . It explains the specific details of the plaintiff's claim, such as the facts allegedly by the plaintiff. This then informs the plaintiff and the remedy being sought. It is generally attached to the writ.
                      6. If the defendant wishes to defend the case being brought against them, they must enter two copies of a notice of appearance, with the court, with the court forwarding a copy to the plaintiff. This then informs the plaintiff and the court that the defendant intends to defend the claim.
                      7. A writ is a standard legal document that is prepared by the plaintiff's solicitor and lodged with the Supreme Court. The writ informs the defendant of the case against them, the remedy being sought, and compels them to appear in court on a stated date and time.
                        1. It also sets out the time limit within which the defendant is expected to reply to the plaintiff.
                      8. Outlines the nature of the complaint and the demands of the plaintiff
                      9. The purpose of the civil pre-trial procedures is to determine the relevant facts of the case and to assist the parties to gather evidence to be used in court. It also assists in ensuring a speedy resolution of the matter.
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