All Posts in "process"

Steps Civil Litigation ProcessCivil lawsuits arise out of disputes amongst people, firms, or other entities, which includes government entities. Whilst the litigation procedures in the other provinces are in most cases equivalent to those utilised in Ontario I can only speak to the procedures of Ontario. Based on who the steps apply to, the words plaintiff or applicant (for the individual starting the proceeding) or defendant or respondent (for the particular person becoming sued) will seem. The waiting time for trial could be anyplace from six months to 3 years or longer.

This transcript can then be applied at trial to challenge the proof of the other party and for other purposes. Soon after the above actions are completed, a celebration can set the matter down for trial by asking that it be placed on the trial list. Discovery- The discovery procedure tends to be the longest method in building a litigation case. For further data, please refer to Beginning a Civil Proceeding in the Superior Court of Justice”. Trial lawyers will also use this time to conduct post-trial interviews and prepare jury guidelines.

There are quite a few twists and turns that can take place through the commencement of a civil suit and I after again invite my readers to pose their questions. The Act contemplates a adjust to legal culture that moves away from adversarial litigation on the other hand, given the discretionary nature and impact of the requirements, the impact of this alter may well not be quickly apparent. A … Read the rest >>>

Joshua Brown by — August 29, 2015 in Steps Civil Litigation Process

Order Of Proceedings In A Criminal TrialA weblog for students engaged in doctoral research in the field of human rights. It agrees with the findings by the Swiss Courts that the records of interviews and the accused’s correspondence had beendiscussed in the public sphere, before the conclusion of the investigation, just before the trial and out of context, in a manner liable to influence the decisions taken by the investigating judge and the trial court” (§ 71). It emerged from the investigation that 1 of the parties claiming damages in the proceedings against M.B. had photocopied the case file and lost a single of the copies in a purchasing centre.

It would be surprising for relevant disclosure to be refused to a victim state pursuing a claim to recover corrupt assets, unless there was a danger of prejudice to a criminal investigation or prosecution, in which case the application for disclosure is unlikely to be created. Starred motion A motion in the Court of Session for which look is required by or for a party to the proceedings.

It is likely in situations of grand corruption and situations exactly where there is minimal or no threat of a criminal prosecution becoming prejudiced the public interest in enabling collateral usage need to be satisfied. Material seized or obtained by the police by way of compulsory powers need to not be disclosed to a third celebration unless the owner has consented to the disclosure or the applicant has obtained a witness summons or other court order requiring disclosure. … Read the rest >>>

Joshua Brown by — June 30, 2015 in Order Of Proceedings In A Criminal Trial