The legal proceedings in civil litigation start with the filing of the originating application or a written pleading against a person or a company. The entire process of proceedings comprises several stages after the originating application like the answer, case protocol, defence, settlement conference, hearing, evidence, argument and finally the judgement. Get in touch with Liebman Legal civil litigation lawyer to support you from the beginning of your originating application to judgement in your civil litigation.
The drafting of originating application is crucial because it must contain all the facts in details of the case eventually with your intended conclusions either monetary or other claims. As per the legal procedure, a copy of the originating application is sent to the defendant with the summons. The summons dictates the defendant how long he or she or the company may take time to answer as well as the consequences in case the defendant fails to answer within the stipulated time. Often people get confused between a summon and a subpoena. A summons is sent to the defendant whereas a subpoena is sent to the witness. A witness has the duty to come and speak the truth failing which an arrest warrant can be issued or may be directed to pay the cost caused by their absence.
If you receive a summon you should never ignore it because it does not compel you to attend the court instead it requires you to fill a document called the answer. You will get 15 days from the arrival of the originating application along with the summon to file the answer or to be filed by your lawyer.
The case protocol earlier called as the agreement between the parties towards conducting the proceedings is an agreement between you or the applicant of the originating application and the defendant intending to defend the case. The case protocol covers several aspects like whether it will be oral or written and time for filling, measures for safeguard and preliminary exceptions, communication methods like delivery by mail etc. and the time limits of filing the documents and evidence etc.
In the process of defence, you can admit certain facts, may raise other facts that are relevant, you may deny certain facts with reasons and evidences, and raise certain issues based on law. Commonly, the defence is oral when a family matter application on support payment or custody rights etc is concerned. A written defence is prescribed in the cases of a complex or high level or special circumstances of the warrant. The time limit of filing must be mentioned in a written defence.