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When a person’s rights have been infringed they can decide to take the matter further or not. If they decide to take further action, they must decide whether they will use the court system or an alternative method of dispute resolution. (Alternative dispute resolution is discussed later in this chapter.) In a civil court case, the person bringing the action is called the plaintiff and the person against whom the action is brought is called the defendant. A person or business entity, such as a company, can bring an action. Generally, the parties to a legal action are known as litigants.
The purpose of civil pre-trial procedures
Taking a person to court in order to solve a civil dispute can be costly and time consuming. At all stages of the civil pre-trial and trial, it is hoped that the parties will reach an out-of-court settlement. This means the matter is settled without any further need to continue legal action against the defendant. An out-of-court settlement may involve the defendant offering the plaintiff a remedy such as a sum of money as a way of compensating the defendant for the civil wrong done. Alternatively, the plaintiff may decide to drop the proceedings against the defendant or a compromise may be reached that is suitable to both parties.
Pre-trial procedures are the steps that take place before both parties go to trial. These procedures aim to get both parties to reveal what they know about the case so that it is clear what is being claimed against the defendant and what remedy is being sought. Pre-trial procedures involve an exchange of written documents that may allow the parties to reach an out-of-court settlement, because the strengths and weaknesses of their cases are revealed before trial. If the case goes to trial, the proceedings will run more smoothly because of the pre-trial preparation.
Preliminary steps taken before legal proceedings commence
As with any dispute, even a fight you have with your sister or brother, most of us try to sort out the matter before going to a higher authority. If direct negotiation fails, the usual way to gain a remedy for a civil wrong that has occurred is to send a letter of demand. A letter of demand may be drawn up by a solicitor and will clearly set out the claims against the defendant and the remedy sought. It will state also that if the matter is not solved in a certain amount of time, then legal action will be taken.
Civil pre-trial procedures
Formal legal proceedings will begin with the lodgement of a document with the defendant and the court. From there, documents will be exchanged between the parties so that details about the claim can be identified and some facts may be agreed upon. This will save time when the case eventually appears in court.
The steps in the pre-trial procedure are set out in the following diagram.
Taking a person to court in order to solve a civil dispute can be costly and time consuming. At all stages of the civil pre-trial and trial, it is hoped that the parties will reach an out-of-court settlement. This means the matter is settled without any further need to continue legal action against the defendant. An out-of-court settlement may involve the defendant offering the plaintiff a remedy such as a sum of money as a way of compensating the defendant for the civil wrong done. Alternatively, the plaintiff may decide to drop the proceedings against the defendant or a compromise may be reached that is suitable to both parties.
Pre-trial procedures are the steps that take place before both parties go to trial. These procedures aim to get both parties to reveal what they know about the case so that it is clear what is being claimed against the defendant and what remedy is being sought. Pre-trial procedures involve an exchange of written documents that may allow the parties to reach an out-of-court settlement, because the strengths and weaknesses of their cases are revealed before trial. If the case goes to trial, the proceedings will run more smoothly because of the pre-trial preparation.
Preliminary steps taken before legal proceedings commence
As with any dispute, even a fight you have with your sister or brother, most of us try to sort out the matter before going to a higher authority. If direct negotiation fails, the usual way to gain a remedy for a civil wrong that has occurred is to send a letter of demand. A letter of demand may be drawn up by a solicitor and will clearly set out the claims against the defendant and the remedy sought. It will state also that if the matter is not solved in a certain amount of time, then legal action will be taken.
Civil pre-trial procedures
Formal legal proceedings will begin with the lodgement of a document with the defendant and the court. From there, documents will be exchanged between the parties so that details about the claim can be identified and some facts may be agreed upon. This will save time when the case eventually appears in court.
The steps in the pre-trial procedure are set out in the following diagram.
Discovery process
At the end of pleadings either side may require the production of documents relevant to the case, to assist in clarifying any of the issues. Either side may produce a list of all documents they deem relevant to assisting their case. Any requested documents must be provided by the other side. This is called the discovery of documents.
Interrogatories is the name given to the process whereby written questions are served by both sides and must be answered under oath. The answers to these questions are admissible as evidence in court, should the matter proceed to a hearing.
Directions hearings
Directions hearings allow the court to be involved in some of the pre-trial stages leading up to a case being heard by the court. In a directions hearing, the court may give the parties (and their legal representatives) directions about the pre-trial proceedings, such as dates by which certain documents must be filed.
The aim of directions hearings is to ensure that proceedings are conducted in an effective and timely manner. The court may ask the parties to come to an agreement about certain facts that are clear, so that court time is not taken up with this material.
Certificate of readiness for trial
Once these procedures have been completed, the plaintiff will file a certificate of readiness for trial.
At the end of pleadings either side may require the production of documents relevant to the case, to assist in clarifying any of the issues. Either side may produce a list of all documents they deem relevant to assisting their case. Any requested documents must be provided by the other side. This is called the discovery of documents.
Interrogatories is the name given to the process whereby written questions are served by both sides and must be answered under oath. The answers to these questions are admissible as evidence in court, should the matter proceed to a hearing.
Directions hearings
Directions hearings allow the court to be involved in some of the pre-trial stages leading up to a case being heard by the court. In a directions hearing, the court may give the parties (and their legal representatives) directions about the pre-trial proceedings, such as dates by which certain documents must be filed.
The aim of directions hearings is to ensure that proceedings are conducted in an effective and timely manner. The court may ask the parties to come to an agreement about certain facts that are clear, so that court time is not taken up with this material.
Certificate of readiness for trial
Once these procedures have been completed, the plaintiff will file a certificate of readiness for trial.