Civil Trial Process

1. letter of demand

statement that if money is not paid by a particular date, further action can be taken to recover it (court); from plaintiff to defendant; PRE-TRIAL

1. writ

A legal document ordering someone to do or not do something, issued by a court; sometimes follows a letter of demand

2. statement of claim

tells court what happened; legal doc that outlines circumstances, claim, parties involved and remedies sought

3. notice to defendant

given claim and notice to attend court

what happens if a defendant doesn’t reply to a notice

judgement by default → assumed plaintiff was right

4. statement of defence

defendant presents their version of events where they can admit to some allegations and deny others

what can the defendant do during a statement of defence?

countersue plaintiff

5. discovery

both sides collecting evidence → can be through subpoenas

subpoena

Legal document requiring an individual to appear in court or produce evidence. It is a court order that must be obeyed to ensure justice.

3 types of subpoenas

1. production (produce evidence)

2. gives evidence (in court)

3. both

6. pleadings

exchange of statement of claim/defence and possible counterclaims

why is pleadings important

each party can weigh the strength of case (can go to ADR), see pleadings

7. trial

present evidence and cross-examine; similar to criminal trial

8. verdict and appeal

judges delibarate and announce verdict

right to appeal

everyone can appeal if they have legal grounds to; but the higher court can choose to take it or not and the appellant risks the cost of appeal if unsuccessful

civil trial process

1. letter of demand/writ

2. statement of claim

3. notice to defendant

4. statement of defence

5. discovery

6. pleadings

7. trial

8. verdict and appeal