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14 Cards in this Set
- Front
- Back
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9 Supreme Court Steps |
1. File Notice of Civil Claim and pay fee 2. Serve notice to defendant 3. Defendant files Response to Civil Claim 4. Counterclaim 5. Submission of relevant documentation 6. Examination of Discovery 7. Trial 8. Judgment 9. Collection of Judgment |
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Describe Filing a Notice of Civil Claim |
- paragraph by paragraph - fee of $275 - can be filed in any registry - once claim is made, one year to serve defendant
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Describe serving defendant |
- One year limit to serve - Personal service must be through third party - Usually by a process server - Alternative is to apply for substitutional service to get a court order |
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Describe response of defendant |
- Once served, defendant must respond in 21 days (Canada) with Response of Civil Claim
- Defendant my create a counterclaim and plaintiff would then need to respond to counterclaim in 21 days (Canada) as well |
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Describe what happens after filings and responses before trial |
- both parties must prepare and submit list of all relevant documentation within 35 days
- Examination for Discovery
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What is Examination for Discovery |
- purpose to narrow the issue and possibly find a settlement
- questions are asked and answered under oath and transcripts are made that may be referred to in trial |
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Describe the Trial stage |
Plaintiff presents case and witnesses - Examination in chief - Cross Examination - Redirect Plaintiff can never include leading questions
Defendant presents case and witnesses
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Describe the Judgment |
Includes award, interest, and court costs (60% paid by loser)
Summary judgment is another offer that must take place after pleadings (forms) |
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5 ways to collect judgment |
1. Garnishment of Debt 2. Garnishment of Wages 3. Writ or Seizure and Sale 4. Register of Land Title Office 5. Subpoena to Debtor |
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Describe Garnishment of Debt |
- before or after judgment - Due and owing only |
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Describe Garnishment of Wages |
- After judgment - 33% of net wages - One-off |
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Describe Writ or Seizure and Sale |
- Court certified bailiff - Exemptions include personal effects, one vehicle, work tools, pensions, and RRSPs |
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Describe Register of Land Title Office |
- Force sale of home - Must not include titles that are not sued |
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Describe Subpoena to Debtor |
- Court can ask questions - Once a year - Ask court for payment order |
