1. Introduction to Civil Procedure
Very briefly, a court case or lawsuit can be divided into three stages.They are the pleading stage; the exchange of evidence stage; and the hearing stage.
pleading stage
This stage involves the exchange of pleadings between the prosecution and the defense, that is, legal documents to the court and the other party to explain the claim or defense on the facts and facts of the case.Pleadings usually include: Statement of Claim; Defence and Counterclaim; Reply and Defence and Counterclaim.The parties to the lawsuit are through these pleadings to explain the important facts of their respective cases.This stage is very important for the smooth progress of the case in the court procedure in the future, and it is also the basic basis for the entire litigation procedure.
Evidence exchange stage
This stage involves the parties in the case exchanging evidence in support of the case stated in their pleadings.This usually involves documents such as receipts; payment certificates, or other evidence such as audio tapes; expert reports on quality or value, etc.Witness statements, which are the contents of the testimony that all witnesses will give at the trial, must also be exchanged at this stage.
Hearing stage
This is the stage of the judge's case trial. At this stage all the paperwork must be prepared and presented to the judge by the parties. All witnesses must attend the hearing and be cross-examined by the court and the opposing party. If the case is a High Court case, the parties must be represented by barristers. When the trial of the case is completed, the judge will make a decision on the case.
2. What should you do when you are sued by the other party?
A "Notice of Defence" should be filed with the court
Many people think that when involved in a civil case, as long as there is no response to the court or the other party, the plaintiff cannot take further action and claims against you.This is a seriously misconception - and never play this game of "hide and seek" in court proceedings.By law, all plaintiffs who sue you will win in your absence.This situation is legally known as a "default judgment."If you don't respond to your claim, you're doing yourself a disservice - you risk losing your chance to answer.If you do not wish to lose this opportunity, you should respond to or defend the charge immediately.
Systematically and effectively articulate your defense
You must identify a valid and accurate answer to the plaintiff's claim.Many times, you will think and believe that you are not ethically responsible for the claim; but this does not mean that you can use this as a valid defense in court.The most important thing is that you should understand what is the reason you should make a defense.
strategy
The Plaintiff's ShortcutIf
You are unable to articulate your defense or you cannot effectively make a correct defense, the other party may file a summary procedure with the court and bypass the formal trial, asking the court to issue a "summary judgment" against you.By applying, the plaintiff can often obtain a favorable judgment from the court under this "summary procedure".Therefore, it is very important for you to articulate your defense effectively.You should always keep this concept in mind to avoid or even deny that your opponent can use the "summary judgment" process to obtain a judgment.
Counterclaim?? To seek peace through war??
When you are faced with a plaintiff's claim, you are usually under a lot of pressure, especially when it comes to a string of monetary claims and legal costs.But if you file a counterclaim or counterclaim against your opponent, your opponent faces the same pressure.It also forced him to face a counterclaim crisis.In some cases, even if you do have a larger claim, your opponent may deliberately sue you first to obfuscate or distort the truth.If the circumstances permit, you can take the initiative and even try your shortcut - applying for a "summary judgment" process, applying to the court for a successful counterclaim.In addition, even if you do not have any counterclaims against the other party, you can make logarithms or deductions against the other party.So you should consider these possibilities early on.
Reconciliation
In practice, many cases do not go through the entire trial process and settle during the early or middle stages of the trial process.As far as the plaintiff is concerned, the longer the trial process, the higher the costs. When the case is delayed, there will be more complicated problems - such as the problem of witnesses; loss of evidence; loss of confidence and so on.Even if you are not in the mood to delay the case and want to close the case as soon as possible, you should be prepared and ready to settle with your opponent at any time.Sometimes, the strategy of war and peace may be more constructive.
Other applications
The above is not the only thing you can do.You may also consider other suitable options.For example, the "security for costs" for filing a lawsuit against the other party. Or in some cases, the other party will keep some of the documents mentioned in its pleadings, which can obviously be used as the basis of your defense, and will not be disclosed to you.At this time, you should apply to the court to compel the other party to hand over the relevant documents, so that you can analyze your case in a clearer context.
3.Should the matter be brought to court???
In most construction and engineering contracts, an arbitration clause is included in place of formal court proceedings to settle disputes - this is called an arbitration clause.Sometimes these terms are stated in the contract, but in many cases, it is unclear due to the need to refer to the terms of other contracts (for example, in the contract between the owner and the judge).You should carefully consider the pros and cons of using arbitration or other options in your favor - often it takes time or even months for all parties to appoint a suitable arbitrator to preside over the proceedings before the dispute is settled in arbitration.You should also take this opportunity to prepare your case well.
4.Should the matter of contention be moved to a special category of the court???
Such as construction and arbitration categoriesIn High Court cases, certain cases should be heard by judges in the construction and arbitration category, such as those relating to industrial works.You should consider moving the issue to a special category of the court, which will appoint a special and experienced judge to hear the case.
5. costs
Every civil action inevitably involves the issue of costs. However, you can save more time and more money if you keep the related litigation costs under control.In this regard, an experienced lawyer can indeed help you.You can save your time and money if you hire a lawyer who can represent you more efficiently in litigation matters.In contrast, your opponents must face the difficulties of their cases and the heavy burden of litigation costs.When you face a civil lawsuit, you have to think twice about how to deal with it.Because there are so many variables, you may not always be able to see where you need to go.Please seek your attorney's assistance as soon as the lawsuit begins.You will also find that you may save more time and money as a result.
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