The Civil Court Procedure SLO: I can understand the civil court procedure. I can apply law of torts to everyday experiences and relationships.

 In civil law, the process of bringing an action to court, is called litigation, and the parties are called litigants. In many instances, the parties in a civil dispute are able to resolve differences without the actual occurrence of a trial. However, in those instances where a resolution is not achieved through alternate means, the process for trial is specific to the system of civil law, and includes: pleadings, including statement of claim, notice of motion and statement of defence. examination for discovery pre-trial conference trial.

Pleadings: written statements exchanged between the parties in a civil action outlining the details of each party’s case examination for discovery: a civil pre-trial process to disclose evidence and relevant documents and to reach agreement on certain issues to be presented at trial pre-trial conference: a meeting of the parties in a civil action with a judge to clarify and narrow the issues in dispute prior to trial

The pleadings involve a notice of motion and statement of claim filed with the court by the plaintiff, who contends to be the victim of a tort (wrong), that has been committed by another party. The plaintiff's statement of claim identifies the details of the tort claim, and identifies a deadline for filing of a statement of defence. The defendant, alleged to have committed the tort, must file a statement of defence with the court within the specified time period in order to defend against the suit in court. In Saskatchewan, all civil trials are held in the Court of Queen's Bench, with the exception of small claims court, which addresses civil matters claiming damages of up to $5,000.

 Following the pleadings, the process of examination for discovery begins with the exchange of all relevant documentation between the two parties. This is followed by questioning under oath of each party, by the opposing party's lawyer, in order to learn the strengths and weaknesses of each case. At this stage, as in any other stage, before the beginning of the actual trial proceedings, the parties may choose to negotiate an agreement to settle the claim.

Assignment  We have looked at many case studies this unit. Now you will create one. You will each write a paragraph (8-10 sentences) in which you will describe a situation, based on personal experience, where you could have taken a matter to small claims court. Then, you will need to answer 2 questions. What type of tort is your claim based on? What do you think the outcome of your claim would have been?

Evaluation The paragraph will be worth 10 marks. The answers to your questions will each be worth 2 marks. Paragraph (10 marks) Questions (4 marks) Total: 14 marks

Issues in the Law 1. In what ways might the process of taking action through civil law appear/seem so cumbersome that it is a deterrent for some individuals who might otherwise seek legal remedies for wrongs suffered?

Issues in the Law 2. Is civil law an area in which the financial position of an individual may impact upon access to justice? Explain.