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La procedura processuale civile

  • Note di Apprendimento
  • Revisione degli argomenti
    Charles M.
    GB
    Charles M.

    In the Supreme Court of Victoria in Australia for example the civil pre-trial procedure includes pleadings, discovery and directions hearings and the purpose of these procedures. The main purposes of pre-trial procedures are: • to provide details of the case to the parties and the court • to consider if the case is viable • to show the strengths and weaknesses of each party's case • to consider out of courts settlement • to select issues for the trial Pleadings are documents exchanged between the parties. They set out the claims, the defenses and issues. The documents include: • a statement of claim • defense • reply to defense The purpose of the pleading is to • make the parties state their claims and defenses • make each party state their material facts and particulars on which they are relying • make sure parties are ready for the trial The discovery procedure enables parties to study matters that remain unclear. This stage is where facts and documents are disclosed which form the basis of the claims and defenses. The purposes of the discovery are to: • disclose all relevant materials and documents to the other side • reduce the element of surprise at the trial • ensure all parties have copies of the relevant documents • allow parties to work out their oppositions strengths and to calculate their chances of winning A direction hearing is held before a judge. It is used to produce a timetable for the steps to be taken by the parties before the trial. The purpose of a direction hearing is to: • set a timetable for future steps in the pre-trial proceedings stages • hear any applications made by parties prior to going to trial • establish further orders in the proceedings • allocate a date for the trial At the end of a direction hearing the court will make the appropriate orders and send them to both parties. Parties should check witnesses that may be called in trial. Out of court settlements are to be considered throughout the pre-trial process.

    Peter Awuni A.
    GH
    Peter Awuni A.

    List the Civil pre trial procedure

    Louis M.
    ZA
    Louis M.

    Court officials (eg registrar in the County Court [1] and prothonotary in the Supreme Court) arrange a sitting between parties in the dispute and their legal representatives in the attempt to settle matter out of court prior to proceeding further.

    Azubuike O.
    NG
    Azubuike O.

    per trial in civil proceeding is looked at in the following heading. documentation i.e. writ of summon ,pleading ,discovery , per- trial conference and certificate of readiness .

    Queenielyn C.
    JP
    Queenielyn C.

    Civil pre-trial procedure Civil pre-trial procedure involves an exchange of documents between two parties about an alleged infringement of rights that has occurred. Where an out-of-court settlement (OCS) is not achieved, the parties prepare for formal litigation before the civil courts. Infringement of rights occurs (e.g. road traffic accident) Injured party consults solicitor and seeks advice Injured party considers legal advice and reviews position Injured party attempts to negotiate OCS with defending party with assistance of solicitor If no OCS is achieved after a letter of demand is sent from injured party to defending party, the formal documentation exchange commences between the two parties. Pre-trial documents Writ of Summons Formal legal document commanding the defending party to appear at court to answer allegations against them. Entry/Notice of Appearance Acknowledges the Writ and indicates preparedness to defend the action. Pleadings Statement of Claim Details the nature of injured party's claim against defending party. Statement of Defence Defending party's response to the Statement of Claim. Counterclaim Defending party may claim injury stemmed partly or largely from injured party's own actions. Reply and Defence to counterclaim Injured party has the right of reply to defending party's defence. Case is then listed by the court for hearing. Discovery Discovery-interrogatories Numbered questions about the facts that must be answered in writing within 60 days. Discovery-of documents Documents relevant to the dispute can be requested to be made available to the other party. Interlocutory steps are taken between the issue of the Statement of Claim and actual hearing. Pre-trial Conference Court officials (eg registrar in the County Court and prothonotary in the Supreme Court) arrange a sitting between parties in the dispute and their legal representatives in the attempt to settle matter out of court prior to proceeding further). Certificate of Readiness for Trial Plaintiff completes Certificate and the defendant receives notice of trial.

    Christey W.
    US
    Christey W.

    The civil pre-trial procedure involves an exchange of documents, both parties prepare for formal litigation before civil court,injury part consults solicitor and seek advice, and injury party considers legal advice and review position.

    Abraham M.
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    Abraham M.

    What are the Civil pre-trial procedure?

    Charmaine W.
    AU
    Charmaine W.

    Enlightening!

    Zachary B.
    US
    Zachary B.

    What are civil pretrial procedures?

    Ella Rose M.
    MY
    Ella Rose M.

    Civil pre-trial procedure Civil pre-trial procedure involves an exchange of documents between two parties about an alleged infringement of rights that has occurred. Where an out-of-court settlement (OCS) is not achieved, the parties prepare for formal litigation before the civil courts. Infringement of rights occurs (e.g. road traffic accident) Injured party consults solicitor and seeks advice Injured party considers legal advice and reviews position Injured party attempts to negotiate OCS with defending party with assistance of solicitor If no OCS is achieved after a letter of demand is sent from injured party to defending party, the formal documentation exchange commences between the two parties. Pre-trial documents Writ of Summons Formal legal document commanding the defending party to appear at court to answer allegations against them. Entry/Notice of Appearance Acknowledges the Writ and indicates preparedness to defend the action. Pleadings Statement of Claim Details the nature of injured party's claim against defending party. Statement of Defence Defending party's response to the Statement of Claim. Counterclaim Defending party may claim injury stemmed partly or largely from injured party's own actions. Reply and Defence to counterclaim Injured party has the right of reply to defending party's defence. Case is then listed by the court for hearing. Discovery Discovery-interrogatories Numbered questions about the facts that must be answered in writing within 60 days. Discovery-of documents Documents relevant to the dispute can be requested to be made available to the other party. Interlocutory steps are taken between the issue of the Statement of Claim and actual hearing. Pre-trial Conference Court officials (eg registrar in the County Court and prothonotary in the Supreme Court) arrange a sitting between parties in the dispute and their legal representatives in the attempt to settle matter out of court prior to proceeding further). Certificate of Readiness for Trial Plaintiff completes Certificate and the defendant receives notice of trial.

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