Civil Procedure Legal Concepts
37 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is a primary reason for taking evidence through commission?

  • To facilitate the cross-examination of witnesses.
  • To avoid the need for the witness to travel.
  • When witnesses are deceased.
  • When witnesses are unable to attend due to specific reasons like old age or ill health. (correct)

    • What types of evidence may be admitted by way of affidavit?

  • Evidence that contradicts established facts.
  • Only evidence that is highly contested.
  • Eyewitness testimony.
  • Technical or scientific evidence. (correct)

    • When was Rule 37A, related to judicial case management, introduced?

  • 1st January 2018.
  • 1st July 2019. (correct)
  • 1st September 2021.
  • 1st August 2020.

    • What is the role of a case management judge concerning trial readiness certification?

    <p>A case management judge shall not certify a case as trial ready unless fully satisfied.</p> Signup and view all the answers

    Why is judicial case management utilized?

    <p>To expedite trials and manage congested trial rolls.</p> Signup and view all the answers

    What must occur after the close of pleadings to prepare for trial?

    <p>The matter must be set-down and enrolled for trial.</p> Signup and view all the answers

    When must the notice of set-down for the trial be served?

    <p>15 days after close of pleadings and at least 20 days before trial date.</p> Signup and view all the answers

    What is the purpose of the discovery process in trial preparation?

    <p>To allow parties to prepare for trial and understand each other’s case.</p> Signup and view all the answers

    According to HCR 35 and MCR 23, what must the discovery affidavit include?

    <p>A list of documents to be discovered.</p> Signup and view all the answers

    What is a necessary step to be taken prior to the trial date in terms of trial management?

    <p>Conducting a pre-trial conference.</p> Signup and view all the answers

    What is the timeframe for applying for a trial date in the Magistrates Court?

    <p>Within 10 days of the application.</p> Signup and view all the answers

    What type of evidence is important for the discovery process?

    <p>Authenticity of documents.</p> Signup and view all the answers

    Which of the following is NOT part of the trial preparation outlined in Chapter 18?

    <p>Mediate disputes before the trial.</p> Signup and view all the answers

    What is the time frame within which every party must admit the plan, diagram, model, or photograph after receiving it in the HC?

    <p>10 days</p> Signup and view all the answers

    What is the purpose of requiring every party to allow inspection of the plan, diagram, model, or photograph?

    <p>To prevent surprise at trial</p> Signup and view all the answers

    In which case did the court outline the necessity of delivering further particulars for trial?

    <p>Thompson v Barclays Bank DCO</p> Signup and view all the answers

    What should further particulars strictly enable the requesting party to do?

    <p>Prepare for trial</p> Signup and view all the answers

    What is one reason why a party might request further particulars?

    <p>To inform another party with greater precision</p> Signup and view all the answers

    What does HCR 21(2) and MCR 16(2)(a) specify about the notice delivered to parties?

    <p>It must require parties to admit the submitted plan or photograph</p> Signup and view all the answers

    What may be a consequence if particulars are not delivered adequately?

    <p>Parties may be surprised at trial</p> Signup and view all the answers

    What is the maximum period for which property must remain available for inspection or examination after receiving the notice?

    <p>10 days</p> Signup and view all the answers

    What is a restriction placed on the request for further particulars?

    <p>They must not limit a party’s case unfairly</p> Signup and view all the answers

    What is required from the party requesting the medical examination?

    <p>A full written report from the examiner</p> Signup and view all the answers

    What is the minimum notice period required for a party intending to call an expert to testify?

    <p>15 days before the hearing</p> Signup and view all the answers

    How many days before the hearing must a summary of the expert’s opinion be delivered?

    <p>10 days</p> Signup and view all the answers

    In the High Court, when must a joint expert minute be completed?

    <p>Not less than 15 days before the hearing</p> Signup and view all the answers

    What must a party do when tendering evidence of a photograph?

    <p>Deliver a notice of intention to tender such evidence</p> Signup and view all the answers

    Who bears the costs associated with the medical examination?

    <p>The party requesting the examination</p> Signup and view all the answers

    What is required for an expert to give oral testimony in court?

    <p>Notice of intention to call the expert must be delivered</p> Signup and view all the answers

    What types of materials does the High Court require to be discovered?

    <p>Documents and any form of tape recordings</p> Signup and view all the answers

    Which of the following documents does not need to be discovered?

    <p>Communications between attorney and advocate</p> Signup and view all the answers

    What must a party do to request discovery of a specific document?

    <p>Deliver a notice requesting it with court permission</p> Signup and view all the answers

    Which of the following statements is true regarding digital and electronic recordings in discovery?

    <p>They are included in the discovery requirements of Magistrates Courts</p> Signup and view all the answers

    What time frame is allotted to make a discovery request after delivering a notice?

    <p>5 days</p> Signup and view all the answers

    Which of the following best describes the control of documents in the context of discovery?

    <p>Documents need not be discovered if not in the party's possession or control</p> Signup and view all the answers

    What is the primary purpose of the discovery process?

    <p>To gather and exchange relevant information before a trial</p> Signup and view all the answers

    Which of the following does not fall under the definition of a tape recording in discovery?

    <p>Any paper document</p> Signup and view all the answers

    Study Notes

    Enrolment and Set-Down

    • After pleadings close (litis contestatio), the matter is enrolled for trial.
    • Notice of set-down is served and filed; a practice note is filed for High Court (HC) enrolment.
    • In Magistrates' Courts (MC), apply for a trial date within 10 days, with set-down notice 15 days after pleadings close and at least 20 days before trial.

    Discovery of Documents

    • Discovery allows parties to prepare for trial and respond to each other's cases.
    • A discovery affidavit lists discoverable documents. Authenticity is proved or admitted at trial.
    • HCR 35 and MCR 23 detail what must be discovered and how.
    • HC requires discovery of documents and tape recordings (including various media).
    • MC requires discovery of documents and tapes, including digital, electronic, and other recordings.
    • Some documents are exempt from discovery (e.g., witness statements, attorney-client communications, pleadings).
    • A party can request discovery with leave of the court (HCR 35(14) and MCR 23(15)). A notice is served requesting specific documents; the receiving party has 5 (HC) or 10 (MC) days to object.

    Inspection or Examination of Property and Things

    • A party can request inspection or examination of property or a sample.
    • The examined property/sample must remain available for 10 days after the notice.
    • The requesting party obtains a full written report from the examiner within two months (or court-determined period).
    • The requesting party bears the costs.

    Expert Evidence

    • Experts give oral testimony on their specialized fields.
    • A summary of expert evidence must be provided to the other side at least 15 days (HC) or 10 days (MC) before the hearing.
    • A notice of intention to call an expert must be delivered at least 15 days (HC) or 10 days (MC) before the hearing.
    • A joint expert minute is required for experts in the same area.

    Presentation of a Plan, Diagram, Model, or Photograph

    • Parties must comply with requirements for presenting plans, diagrams, models, or photographs as evidence.
    • Notice of intention must be delivered at least 15 days (HC) or 10 days (MC) before the hearing.

    Further Particulars for Preparation for Trial

    • Further particulars inform a party precisely of the opponent's case, preventing surprises.
    • Requests should ask only for particulars strictly necessary for trial preparation.
    • The aim is to enable adequate preparation and avoid unfair limitation of a party's case.

    Evidence on Commission, Interrogatories, and Affidavit

    • If a witness cannot attend trial due to health, age, or absence, evidence can be taken on commission.
    • The commissioner can cross-examine the witness, and the testimony is transcribed.
    • Interrogatories involve specific questions posed to the witness; the commissioner records the answers.
    • Affidavits are used when a witness cannot attend, limited to less contested evidence, or for technical/scientific evidence.

    Judicial Case Management

    • Rule 37A (effective July 1, 2019) allows judicial case management after notice of intention to defend is filed.
    • It's used to alleviate congested trial rolls and address delays.
    • A case management judge ensures trial readiness before certification.

    The Duties of the Registrar, Parties, and Case Management Judge

    • Not detailed in provided text.

    Certification of Trial Readiness and At Trial

    • Not detailed in provided text.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Chapter 18: Preparation for Trial PDF

    Description

    This quiz covers important aspects of civil procedure, focusing on the enrolment and set-down processes as well as the rules governing the discovery of documents. It includes details on timelines, types of documents required for disclosure, and exemptions. Perfect for anyone studying legal processes in civil cases.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser