LS101 Lecture Notes - Lecture 6: Procedural Law, Institute For Operations Research And The Management Sciences, Replevin
20 Apr 2017
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Steps in the civil litigation process superior court level: the factual and legal issues must be identified and both sides are fully informed and prepared in advance of the trial. Procedural law outlines the various steps needed to be taken for moving to the next stage. Pre-trial procedures: an action is started by filing a notice of action that informs the defendant that an action has started. Notice is filled out by the plaintiff and taken to a court registry where a fee is paid and the seal of the court is affixed to make it an official court document. Plaintiff must serve the warrant to the defendant in person. Defendant makes a statement of defence, files it with court registry, and serves a copy on the plaintiff lawyers engage in pre-trial motions to dismiss the proceedings. May involve the testimony and questioning under oath of both parties by both lawyers.
