Law Notes Litigation - Civil Procedure Notes
These notes aim to set out the relevant legal principles, and material facts from cases in order to demonstrate how those legal principles have been applied. Because of how heavily statute-focused this topic is, in some places I've extracted the relevant statute in the text or in a 'comment'.
At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also 'checklists', which you can use during revisions or ex...
The following is a more accessible plain text extract of the PDF sample above, taken from our Litigation - Civil Procedure Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
7 initiating proceedings [8.10- 8.425] 1
1 Originating Process [8.20] 2
2 reasonable prospects of success certification: LPA s 347 5
3 service – go to notes 5
4 a Appearance [8.60] 6
4b objection/notion of motion setting aside originating process 7
5 GO TO PLEADINGS – CONSIDER IF SOL/DEFENCE HAVE ISSUES 7
Intro: | Overview: (Pre-commencement – preliminary discovery, interim orders, ?)
Definitions:
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Exam tips |
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Exam format | How to initiate proceedings: First choose whether or not you need a Statement of claim of summons
Then make sure formal requirements are met:
Service:
Note:
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2. When a Statement of claim must be used: r 6.3 UCPR | Proceedings of the following kinds must be commenced by statement of claim:
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3. When a summons must be used: UCPR r 6.4 | (1) Proceedings of the following kinds must be commenced by summons:
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Buy the full version of these notes or essay plans and more in our Litigation - Civil Procedure Notes.
These notes aim to set out the relevant legal principles, and material facts from cases in order to demonstrate how those legal principles have been applied. Because of how heavily statute-focused this topic is, in some places I've extracted the relevant statute in the text or in a 'comment'.
At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also 'checklists', which you can use during revisions or ex...
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