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COMM 393 (95)
Lecture

Legal Process.docx

2 Pages
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Department
Commerce
Course Code
COMM 393
Professor
Deborah Meredith

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Description
LEGAL PROCESS IN BRITISH COLUMBIAPleadings involved in the legal process in the Supreme Court of British Columbia have been simplifiedA plaintiff initiates legal action with a Notice of Civil Claim setting out the facts and legal basis for the claimThe defendant files a Response stating what the defendant disagrees withThe defendant might also file a Counterclaim against the plaintiff to which the plaintiff would have to file a ResponseIf either party fails to file a response the other can take default judgmentIf the defendant alleges that a someone else may be liable in the legal action the defendant can join that party as a Third Party in special circumstances that may require court approvalIf the defendant is an individual the Notice of Civil Claim must be served personally on the defendantService will normally be effected by a third party process serverThe process server will swear an affidavit verifying that service has taken placeIf the defendant is evading service or cannot be found the plaintiff can apply to court to allow service by some other methodAfter the Notice of Civil Claim has been served documents can be served by mail or if the parties consent by email or fax If the defendant is a corporation the Notice of Civil Claim can be served by mailEither party can request a case planning conference after the pleading period which calls on each party to present a litigation proposal The proposal involves each party divulging plans to
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