What steps are involved in a civil action?
There are three stages to most civil actions: the filing and serving of the pleadings, the discovery process, and the trial process. There are certain critical deadlines which apply to each of these stages. Sometimes, it is necessary to ask the court’s help long before you are ready to go to trial. These are known as interim or interlocutory applications. Any orders granted as a result of such applications are only in effect until the trial. Also, certain types of claims can be dealt with summarily (without the need for a trial) in Chambers. Usually only lawyers attend at court on these matters, and all evidence is given through affidavit. The Pleadings Pleadings are the formal written claims and defences used to start and defend a lawsuit. Pleadings include Originating Notices, Statements of Claim, Statements of Defence, Civil Claims, Notices of Intent, Counterclaims, Petitions, and Answers. These documents set out the claim being made, the issues, and any defences to the claim. The p