1. Civil Pre-Trial Procedures

2. Civil pre-trial procedures
Procedures that occur before a trial commences in a civil case in the County or Supreme Court

3. Main Aim of Civil Pre-Trial Procedures
To inform both parties and the court of information relating to the case.
Attempt to negotiate an out of court settlement
Try to avoid the time and expense of going to court.
If do go to court, information provided in pre-trial proceudres should result in a quicker trial.
Main Aim of Civil Pre-Trial Procedures

4. Pleadings Purpose is to gain information about the claim
Requires parties to state the main issues of the case
Compels each party to state material facts
Gives the court a written record of the case
Saves the court time and expense
Assist an out of court settlement if possible

5. Include 4 main documents:
Details of the claim by the Plaintiff
Matters being raised as defence by the Defendant
Contain:
Writ
Notice of Appearance
Statement of Claim
Statement of Defence
Include 4 main documents:
Pleadings

6. Pleadings : Writ Formal written document
Plaintiff issues against the Defendant
Explains action being taken against the Defendant
Informs Defendant in which court and whether a jury involved
Pleadings : Writ

7. Pleadings : Writ
Then sent to court and copy served on the Defendant by the Plaintiff.
Indicates cause of action and remedies sought
Filing of writ indicates commencement of legal proceedings

8. Pleadings: Notice of Appearance
Defendant must enter a Notice of Appearance to indicate they will defend the case against them.

9. Pleadings: Statement of Claim (normally attached to the Writ)
Explains nature of claim
Explains cause of claim
Sets out remedy or relief sought.
Pleadings: Statement of Claim (normally attached to the Writ)

10. Pleadings: Statement of Defence
Sets out a response to each of the allegations contained in the Plaintiff’s Statement of Claim
Normally either admits (?settlement?) or denies (off to court) the allegations
Pleadings: Statement of Defence

11. Directions Hearings Heard before judge or associate judge
Discuss progress of case and allow directions to be made
Purposes include:
giving directions
setting a timetable for future steps
hearing any applications
determining whether it is appropriate for mediation to occur
allocating a date for trial

12. Discovery
Purpose:
Allows the parties to get further information about the facts of the case
Pleadings Vs Discovery
Pleadings = info about the claim
Discovery = facts about the case, what actually occurred.

13. Discovery/production of documents
Interrogatories
Discovery/production of documents
Medical examination/reports
Stages of Discovery

14. Discovery: Interrogatories
Either side may serve interrogatories on each other
Questions relating to the known facts of the case
Obtain information that may be used as evidence
Deadline is set for written responses
Saves court time and expense
Just key facts in the trial
Reduces element of surprise in the trial

15. Discovery: Discovery of Documents
Either side may request the other side to disclose any relevant documents.
All relevant documents must be disclosed
Either party may inspect all documents
Some documents may be protected by privilege (eg doctors reports), their existence must still be disclosed.
Discovery: Discovery of Documents

16. Discovery: Medical Examination
If the case involves bodily injury the Defendant may ask Plaintiff to submit to appropriate medical examination
May ask for hospital or medical reports to be produced.
Discovery: Medical Examination

17. Mediations
At any time during pre-trial or trial proceedings, the court may order the matter to be referred to mediation.
More often than not a court will order that the parties attend mediation before trial.