Podcast
Questions and Answers
What is required for an exception to be allowed when dealing with pleadings?
What is required for an exception to be allowed when dealing with pleadings?
- The pleading must contain external evidence.
- The opposing party must not be notified.
- The pleading must contain all material facts. (correct)
- The pleading must be vague and embarrassing.
Limited disclosure of documents is restricted to those related to the action founded.
Limited disclosure of documents is restricted to those related to the action founded.
False (B)
What must a plaintiff file 15 court days after the notice to defend?
What must a plaintiff file 15 court days after the notice to defend?
Declarations
The term ______ in this context refers to something that is prejudicial.
The term ______ in this context refers to something that is prejudicial.
Match the following terms with their definitions:
Match the following terms with their definitions:
What is the first step to take if you notice irregularities after written notice?
What is the first step to take if you notice irregularities after written notice?
A party can apply to the court to strike out a claim if the statements are scandalous, vexatious, or irrelevant.
A party can apply to the court to strike out a claim if the statements are scandalous, vexatious, or irrelevant.
What must be done within 10 days after a notice of exception is served if the irregularity is not corrected?
What must be done within 10 days after a notice of exception is served if the irregularity is not corrected?
A party seeking the court's condonation for non-compliance must apply under HC Rule _____.
A party seeking the court's condonation for non-compliance must apply under HC Rule _____.
Match the following rules and procedures with their corresponding descriptions:
Match the following rules and procedures with their corresponding descriptions:
Flashcards
Exception Procedure
Exception Procedure
A legal process for addressing errors or irregularities in court proceedings. It allows parties to challenge procedural flaws or inconsistencies.
Notice of Exception
Notice of Exception
A formal notice filed with the court to alert the other party about a suspected irregularity. The notice triggers a process to either rectify the issue or face consequences.
Order to Compel
Order to Compel
A court order that forces a party to comply with procedural requirements. It is issued after a notice to compel is ignored. This is a key step in enforcing compliance.
Application to Strike Out
Application to Strike Out
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Application to Set Aside as Irregular
Application to Set Aside as Irregular
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Application to Set Aside Irregular Step
Application to Set Aside Irregular Step
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Vague & Embarrassing Pleading
Vague & Embarrassing Pleading
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Embarrassing Pleading
Embarrassing Pleading
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Limited Disclosure in Pleadings
Limited Disclosure in Pleadings
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Study Notes
Exception Procedure
- An exception is a procedure used to challenge the opposing party's claims or defenses.
- The exception procedure requires identifying the ground for the exception.
- If the ground is "vague and embarrassing," the exception procedure involves notifying the opponent and requesting clarification within 15 days.
- If the opponent fails to clarify, a notice of exception is filed.
- If the ground is "failure to disclose a cause of action," the exception procedure involves filing a notice of exception directly.
- If the exception is for "vague and embarrassing," a notice is filed requesting clarification within 15 days to rectify the pleading.
- If the clarification is not sufficient, a notice of exception is issued.
- The hearing for the exception involves the applicant appearing on the court's roll.
- Within 5 court days of the receipt of the exception, the responding party must respond.
- Grounds for exception must appear explicit in the pleading, new issues may not be raised during the exception process.
Enforcing Compliance & Condoning Non-Compliance
- Notice to compel compliance (HC Rule 80A) is sent to the opposing party after 10 days.
- If the party fails to comply, the court issues an order to compel compliance.
- HC Rule 27 outlines the party's right to seek court's condoning non-compliance and the details provided by the applicant.
- Two applications for compelling compliance are given in Magistrate Court (Rule 60)
- Application 60 (2): to compel compliance
- Application 60 (5): to extend time limits
Application to Strike Out
- Statements that are scandalous, vexatious, or irrelevant can be challenged to strike out.
- If the statement meets the criteria, the applicant will be prejudiced.
- The meaning of these terms is outlined in the textbook.
Amendment of Pleadings
- Notice of intention to amend with details of the amendment is required.
- Objections to amendments are permitted.
- Giving effect to the amendment is a final step.
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Description
This quiz explores the exception procedure in legal contexts, highlighting key steps such as identifying grounds for exceptions and filing notices. Understand the implications of 'vague and embarrassing' claims as well as 'failure to disclose a cause of action' in legal pleadings.
