Podcast
Questions and Answers
A judgment or order of the court binds only the party who appoints the representative.
A judgment or order of the court binds only the party who appoints the representative.
False (B)
An application for permission to enforce a judgment against a non-party must be supported by evidence on an affidavit.
An application for permission to enforce a judgment against a non-party must be supported by evidence on an affidavit.
True (A)
The court may determine any issue arising on the application summarily, without further investigation.
The court may determine any issue arising on the application summarily, without further investigation.
True (A)
Proof of service is not required when making an application for permission to enforce a judgment against a non-party.
Proof of service is not required when making an application for permission to enforce a judgment against a non-party.
The court has no power to determine any issue arising on the application by trial.
The court has no power to determine any issue arising on the application by trial.
The court has general powers under the case management to extend time for serving the claim form, even if the specific provisions of the rules do not allow for such an extension.
The court has general powers under the case management to extend time for serving the claim form, even if the specific provisions of the rules do not allow for such an extension.
Applications to extend time for serving the claim form are exclusively governed by the provisions in the rules dealing with extending the claim form.
Applications to extend time for serving the claim form are exclusively governed by the provisions in the rules dealing with extending the claim form.
The court must have permission to serve proceedings on a person present within the jurisdiction.
The court must have permission to serve proceedings on a person present within the jurisdiction.
The court will not assume jurisdiction over any person outside the jurisdiction unless jurisdiction is provided by a particular state or if the defendant voluntarily submits to the jurisdiction.
The court will not assume jurisdiction over any person outside the jurisdiction unless jurisdiction is provided by a particular state or if the defendant voluntarily submits to the jurisdiction.
The court can extend time for serving the claim form if the claimant fails to dispute the jurisdiction after acknowledging service.
The court can extend time for serving the claim form if the claimant fails to dispute the jurisdiction after acknowledging service.
The court assumes jurisdiction under CPR and grants permission to serve proceedings outside the jurisdiction.
The court assumes jurisdiction under CPR and grants permission to serve proceedings outside the jurisdiction.
An application to serve by a specified method must always be made with notice.
An application to serve by a specified method must always be made with notice.
Proof of service by a specified method is established through an affidavit.
Proof of service by a specified method is established through an affidavit.
If a contract specifies how service is to take place in the event of proceedings, the claim form can only be served by that method.
If a contract specifies how service is to take place in the event of proceedings, the claim form can only be served by that method.
When a claim form is served within the jurisdiction in accordance with a contract, it is not deemed served on the defendant.
When a claim form is served within the jurisdiction in accordance with a contract, it is not deemed served on the defendant.
A claim form cannot be duly served on a defendant outside of the jurisdiction if the contract does not provide for service outside of the jurisdiction.
A claim form cannot be duly served on a defendant outside of the jurisdiction if the contract does not provide for service outside of the jurisdiction.
An affidavit is not required to support an application to serve by a specified method.
An affidavit is not required to support an application to serve by a specified method.
