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Published byHannah Robinson Modified over 9 years ago
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Purpose and Operation
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Pre-trial procedures – procedures taken before a trial and may result in the dispute being settled If the dispute is not settled the Pre-trial procedures act to prepare the parties thoroughly for the Trial Involves an exchange of written documents which reveal the strengths and weaknesses of the parties cases What are Pre-Trial Procedures
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Goal of pre-trial procedures is to reach an out of court settlement – where a civil dispute is resolved before this trial is concluded This can occur at ANY time up until the verdict is delivered in court (not just during pre-trail procedures) Possible Out of Court Settlements include Defendant offering plaintiff a sum of money Defendant agreeing to other measures of compensation Plaintiff deciding to drop proceedings Out of Court Settlement
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If direct negotiation fails the usual next step is to send a letter of demand. Letter of demand has key elements of The claim by plaintiff against defendant The reason for the claim The remedy sought The time period in which to agree to the remedy That legal action will be taken if the above not agreed to. Before Proceedings commence
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Steps in Pre-trial Procedures
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Discovery Discovery allows the opposing parties to inspect or copy documents and additional information relevant to the case. This effectively a review of evidence Documents exchanged during discovery can include emails, vidoes, contracts, audio recordings etc Discovery can be a long process but importantly both parties are entitled to discovery
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Directions Hearings Directions hearings allow the court to be involved in some of the pre-trial stages leading up to a case being heard in court They give direction about the pre-trial proceedings to ensure they are conducted effectively and in a timely manner Court may ask parties to come to agreement about certain facts which are clear
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Activity – Katy Perry /NW Magazine
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