Possible extra steps

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the first step to take after receiving written notice pointing out irregularities?

File a notice of exception immediately
Apply to court for an order
Take no further steps and allow the other party to rectify (correct)
Serve the application regardless of the situation

A party can apply to court for an order to compel compliance if the excipient remains non-compliant after 10 days.

True (A)

What must a party do if they wish to amend their pleadings?

Submit a notice of intention to amend with details of the amendment.

What is one of the reasons an exception can be made to strike out allegations?

The allegations are vague & embarrassing (D) Signup and view all the answers

The application to strike out a claim must demonstrate that the statements are ______, vexatious, or irrelevant.

scandalous Signup and view all the answers

The purpose of pleading is to define the plaintiff's case only.

False (B) Signup and view all the answers

Match the following terms with their definitions:

Grounds for exception = Reasons for filing exceptions in a case Hearing procedures = Steps followed during a court proceedings Compliance notice = Notice to compel compliance from the other party Pleadings = Written statements detailing claims and defenses Signup and view all the answers

What are declarations filed by the plaintiff meant to provide?

Particulars of claim Signup and view all the answers

An app to set aside as irregular step addresses breaches of __________.

rules Signup and view all the answers

Match the following concepts with their descriptions:

Exception = A response to allegations deemed insufficient or unclear Prejudice requirement = Need to show harm if the pleading is allowed Declarations = Details provided after a simple summons is issued Limited disclosure = Access to documents before a formal contest Signup and view all the answers

Flashcards

Exception Procedure

A legal procedure allowing parties to challenge irregularities in court documents, such as unclear wording or missing information.

Notice of Exception

A legal document filed to highlight a specific flaw in a court document, giving the opposing party a chance to rectify it.

Order to Compel Compliance

A court order compelling a party to comply with a specific legal requirement, typically after failing to address a notice of exception.

Application to Strike Out

A request to the court to dismiss a claim or defense due to irregularities or procedural violations.

Signup and view all the flashcards

Amendment of Pleadings

A process allowing parties to modify their legal arguments in a case, ensuring accuracy and clarity.

Signup and view all the flashcards

Study Notes

Exception Procedure

To raise an exception, a party must identify the ground for the exception
If the ground is "vague and embarrassing," the party must notify the opponent and request clarification/correction within the given timeframe
If the opponent fails to rectify the issue, a notice of exception must be filed
If the ground is "failure to disclose a cause of action," the party must file a notice of exception directly
After the notice of exception is filed, the court sets a hearing date
The party raising the exception must appear at the hearing
The hearing takes place as per the court's rules
If the opposing party fails to amend or correct their pleading, the court will take appropriate action.

Application to Strike Out

An application to strike out pleadings is filed with the court if a party believes a statement is scandalous.
Such statements need correction.
The applicant will be prejudiced by the scandalous statement
See meanings on p235 for 4.3

Application to Set Aside as Irregular

This is a "step" that advances the proceedings toward completion.
Examples are listed in the text.

Enforcement & Conditionally

Notice to compel compliance with rules is provided to the opposing party if they fail
A party may seek the court's condoining action for non-compliance.
See the rule numbers for further details.

Amendment of Pleadings

A notice of intention to amend will be given detailing the amendment.
Objections can be filed against the amendment
An effect is given to the amendment

Studying That Suits You

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

Description

Test your knowledge on the procedures for raising exceptions and applications to strike out scandalous pleadings in court. This quiz covers essential points, including proper notification, hearing protocols, and the roles of the parties involved in these legal processes.