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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 Form 1 2. Serve notice to defendant with 1 year 3. Defendant files Response to Civil Claim form 2 4. Counterclaim form 3 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 |
