3983847
Description
Flashcards by Kristina Torry, updated more than 1 year ago
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Created by Kristina Torry
over 8 years ago
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| Question | Answer |
| Time limit for serving List of Documents | Within 35 days of close of proceedings |
| Examples of documents to list | Police reports Medical/Clinical records Employment records Letters emails contracts |
| What must be filed with a Default Judgment | Affidavit of personal service Requisition signed by the Registrar proving that the defendant did not file a Response to civil claim |
| What document do you use for Mediation? | Notice to Mediate |
| Time limit for Mediation | No earlier than 60 days after the first Response to Civil Claim was filed. No later than 120 days before the trial date |
| Time limit for Statement of facts and issues | 14 days before the mediation session |
| What are the reasons for an Examination for Discovery? | to learn the case from the other party's point of view to obtain admissions that will help prove the client's case and disprove the other party's case to obtain identification of other witnesses to check for consistent stories |
| How long can an Examination for Discovery be? | It cannot exceed 7 hours |
| Time limit for Examination for Discovery | No later than 14 days before the hearing (usually held well in advance however) |
| Where are examinations held? | Court Reporters office that is within 30 km from the registry nearest to the person being examined |
| Who can be examined if the other party is a Company? | Directors, officers, employees, external auditors, agents |
| Who can be examined if the other party is an infant? | the infant, legal guardian, litigation guardian |
| What document is used for the Examination? | Appointment to examine for discovery |
| How much is the daily witness fee? | $20.00 |
| If the witness lives within 200 km, how much are the travel fees? | $0.30 per km |
| If the witness lives farther than 200 km away, how much as the witness fees? | minimum airfare, $0.30 per km to and from airports, and accommodation if they have to stay overnight |
| What is another method of examining/questioning the other party? | Interogatories: written questions used to obtain information from the other party |
| What is the time limit for serving the answers to interrogatories? | 21 days to serve answers |
| what are the advantages and disadvantages of interrogatories as opposed to live questioning? | It is cheaper but the lawyer loses the spontaneity and flexibility of live questioning |
| What is a third way of examining the other party? | Subpoena to a witness/deposition: can't exceed three hours. Time limit to serve is 7 days before the pre-examination |
| How do you set down a trial date? | File a Notice of Trial in the court registry (can be done by either party). Must estimate the length of the trial and obtain available date from the supreme court scheduling |
| Time limit for filing Notice of Trial | 30 days after reserving a date |
| Is a trial management conference mandatory for all actions? | Yes |
| Time Limit for trial management conference? | 28 days before trial |
| What is a trial management conference? | meeting with a judge who makes procedural orders about the case including things like its length and number of witnesses |
| Why might an interim application be necessary? | Trials can be years away and issues need a temporary decision in the mean time. An interim application requests the judge or master to make a decision on certain issues (not permanent decision) |
| The party bring forth the Notice of Application is called: The party receiving the notice of application is called: | "Applicant" "Application respondent" |
| How long can the Notice of Application be? | it cannot exceed 10 pages |
| What must the Notice of Application include? | Orders sought, summation of the facts, legal argument, list of documents relied upon, time estimate, date and time, location, and accompanied by an affidavit |
| Time Limit for Notice of Application? | at least 8 business days before the hearing |
| What happens if the time estimate for a notice of application is more than 2 hours? | Must call the registry and book an available date in Long Chambers |
| What is an affidavit for? | For presenting an individual's evidence in written form |
| What is the person called who is giving evidence in an affidavit? | Deponent |
| Time limit for serving an Application response | 5 business days after receiving the Notice of Application |
| What is an Application Record? | A binder with all the documents to be presented in the hearing. There is an index and then all the documents which are separated by tabs. It is to be filed at the court registry no later than 4:00 pm one full business day before the hearing date |
| Time Limit for Adjournments | Before 9:00 am on the hearing day (by telephone); OR Before chambers commences on the hearing day (in person) |
| What document do you use to reset an application? | Requisition (that sets out the new date, time, and location of the hearing. It also set out the nature of relief sought, a time estimate, and whether it is in the jurisdiction of a master |
| Time limit for filing and serving a Requisition? | 2 business days before the new date |
| What to do if the other party fails to serve a list of documents | apply for a court order that the list of documents be prepared and served forthwith |
| What needs to be prepared if more documents are discovered or need to be changed? | the party should prepare and serve an amended List of Documents |
| what is mediation? | alternative dispute resolution process where a neutral mediator assists in coming to a resolution between the opposing parties |
| where can parties apply to appoint a mediator? | BC Mediator Roster Society |
| what must be prepared for mediation? (what documents) | Statement of Facts and Issues (14 days before mediation session) and a Mediation Fee Declaration |
| What is the time limit for an examination for discovery under Fast Track? | 2 hours |
| Description of Court Reporter's job | transcribe (word for word) someone's spoken/recorded speech into written form using shorthand, machine short hand, or voice writing equipment. They create transcripts for court hearings, depositions, and other proceedings |
| How does the other party respond to interogatories? | Affidavit |
| What is a subpoena to a witness | Document used to compel a witness to attend a pre-examination (usually someone not on record) |
| What time do trials usually start? | 10:00 am |
| What time do (application) hearings usually start? | 9:45 am |
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