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the practice of the supreme court civil rules in proceedings

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发表于 3/19/2018 15:11:27 | 显示全部楼层 |阅读模式
本帖最后由 郭国汀 于 3/29/2018 13:26 编辑

  

  
Form 22 (Rule 7-1 (1) )
[Style of Proceeding]
LIST OF DOCUMENTS
Prepared by: ................[party]................ (the "listing party")
Part 1:  DOCUMENTS THAT ARE OR HAVE BEEN IN THE LISTING PARTY'S POSSESSION OR CONTROL AND THAT COULD BE USED BY ANY PARTY AT TRIAL TO PROVE OR DISPROVE A MATERIAL FACT
[Do not include documents listed under Part 2, 3 or 4.]
  
No.
  
  
Date of document
[dd/mmm/yyyy]
  
  
Description of document
  
  
Indicate by a check mark if
the document is no longer
in the listing party's
possession or control
  
  
Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
  
  
1.1
  
  
  
  
  
  
[ ]
  
  
  
  
1.2
  
  
  
  
  
  
[ ]
  
  
  
Part 2:  OTHER DOCUMENTS TO WHICH THE LISTING PARTY INTENDS TO REFER AT TRIAL
[Do not include documents listed under Part 1, 3 or 4.]
  
No.
  
  
Date of document
[dd/mmm/yyyy]
  
  
Description of document
  
  
Indicate by a check mark if the document is no longer in the listing party's possession or control
  
  
Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
  
  
2.1
  
  
  
  
  
  
[ ]
  
  
  
  
2.2
  
  
  
  
  
  
[ ]
  
  
  
Part 3:  DOCUMENTS THAT RELATE TO A MATTER IN QUESTION IN THE ACTION
[List here all documents that are listed in response to a demand under Rule 7-1 (11) of the Supreme Court Civil Rules, and all documents that are listed in response to a court order under Rule 7-1 (14) of the Supreme Court Civil Rules, that have not been listed under Part 1 or 2. Do not include documents listed under Part 1, 2 or 4.]
  
No.
  
  
Date of document
[dd/mmm/yyyy]
  
  
Description of document
  
  
Indicate by a check mark if the document is no longer in the listing party's possession or control
  
  
Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
  
  
3.1
  
  
  
  
  
  
[ ]
  
  
  
  
3.2
  
  
  
  
  
  
[ ]
  
  
  
Part 4:  DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED
  
No.
  
  
Date of document
[dd/mmm/yyyy]
  
  
Description of document
  
  
Grounds on which privilege is claimed
  
  
Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
  
  
4.1
  
  
  
  
  
  
  
  
  
  
4.2
  
  
  
  
  
  
  
  
  
TAKE NOTICE that the documents listed in Part 1, 2 or 3 of this List of Documents that are not shown as no longer being in the listing party's possession or control may be inspected and copied, during normal business hours, at ................[specify location]................ .

  
Date: ................[dd/mmm/yyyy].................

  Implied undertaking to the court
Documents produced are not to be used by the other party(ies) except for the purposes of this litigation unless and until the scope of the undertaking is varied by a court order or other judicial order, consent or statutory override or a situation of immediate and serious danger emerges. This implied undertaking continues despite settlement or completion of the litigation.
  
  
.............................................................................
Signature of [ ] listing party [ ] lawyer for listing
party
........................[type or print name]........................
  

  

  

 楼主| 发表于 3/19/2018 15:28:41 | 显示全部楼层
Form 7 (Rule 3-6 (1) )
[Style of Proceeding]
REPLY
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
Filed by: ..................................[party(ies)]..................................
In reply to:
  
Date: ................[dd/mmm/yyyy].................
  
  
.................................................................................
  

  
  
  
Signature of
[  ] filing party [  ] lawyer for filing party(ies)
  
  
...........................[type or print name]..........................
  
Rule 7-1 (1) of the Supreme Court Civil Rules states:
(1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,
(a) prepare a list of documents in Form 22 that lists
(i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and
(ii) all other documents to which the party intends to refer at trial, and
(b) serve the list on all parties of record.
  

  

 楼主| 发表于 3/19/2018 16:28:56 | 显示全部楼层
Part 7 — Procedures for Ascertaining Facts
Rule 7-1 — Discovery and Inspection of Documents
List of documents
(1)Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,
(a) prepare a list of documents in Form 22 that lists
(i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party of record at trial to prove or disprove a material fact, and
(ii) all other documents to which the party intends to refer at trial, and
(b) serve the list on all parties of record.
Documents to be enumerated
(2)Subject to subrules (6) and (7), each party's list of documents must include a brief description of each listed document.
Insurance policy
(3)A party must include in the party's list of documents any insurance policy under which an insurer may be liable
(a) to satisfy the whole or any part of a judgment granted in the action, or
(b) to indemnify or reimburse any party for any money paid by that party in satisfaction of the whole or any part of such a judgment.
Information not to be disclosed
(4)Despite subrule (3), information concerning the insurance policy must not be disclosed to the court at trial unless it is relevant to an issue in the action.
Insurance policy
(5)For the purposes of subrules (3) and (4), "insurance policy" does not include an application for insurance.
Claim for privilege
(6)If it is claimed that a document is privileged from production, the claim must be made in the list of documents with a statement of the grounds of the privilege.
Nature of privileged documents to be described
(7)The nature of any document for which privilege from production is claimed must be described in a manner that, without revealing information that is privileged, will enable other parties to assess the validity of the claim of privilege.
Affidavit verifying list of documents
(8)The court may order a party of record to serve an affidavit verifying a list of documents.
Amending the list of documents
(9)If, after a list of documents has been served under this rule,
(a) it comes to the attention of the party serving it that the list is inaccurate or incomplete, or
(b) there comes into the party's possession or control a document that could be used by any party of record at trial to prove or disprove a material fact or any other document to which the party intends to refer at trial,
the party must promptly amend the list of documents and serve the amended list of documents on the other parties of record.
[am. B.C. Reg. 119/2010, Sch. A, s. 14 (a).]
Party may demand documents required under this rule
(10)If a party who has received a list of documents believes that the list omits documents or a class of documents that should have been disclosed under subrule (1) (a) or (9), the party may, by written demand, require the party who prepared the list to
(a) amend the list of documents,
(b) serve on the demanding party the amended list of documents, and
(c) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).
[am. B.C. Reg. 119/2010, Sch. A, s. 14 (b) and (c).]
Party may demand additional documents
(11)If a party who has received a list of documents believes that the list should include documents or classes of documents that
(a) are within the listing party's possession, power or control,
(b) relate to any or all matters in question in the action, and
(c) are additional to the documents or classes of documents required under subrule (1) (a) or (9),
the party, by written demand that identifies the additional documents or classes of documents with reasonable specificity and that indicates the reason why such additional documents or classes of documents should be disclosed, may require the listing party to
(d) amend the list of documents,
(e) serve on the demanding party the amended list of documents, and
(f) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).
[en. B.C. Reg. 119/2010, Sch. A, s. 14 (d).]
Response to demand for documents
(12)A party who receives a demand under subrule (10) or (11) must, within 35 days after receipt, do one of the following:
(a) comply with the demand in relation to the demanded documents;
(b) comply with the demand in relation to those of the demanded documents that the party is prepared to list and indicate, in relation to the balance of the demanded documents,
(i) why an amended list of documents that includes those documents is not being prepared and served, and
(ii) why those documents are not being made available;
(c) indicate, in relation to the demanded documents,
(i) why an amended list of documents that includes those documents is not being prepared and served, and
(ii) why those documents are not being made available.
[am. B.C. Reg. 119/2010, Sch. A, s. 14 (e).]
Application for production of documents
(13)If a party who receives a demand under subrule (10) or (11) does not, within 35 days after receipt, comply with the demand in relation to the demanded documents, the demanding party may apply for an order requiring the listing party to comply with the demand.
Court may alter requirements
(14)On an application under subrule (13) or otherwise, the court may
(a) order that a party be excused from compliance with subrule (1), (3), (6), (15) or (16) or with a demand under subrule (10) or (11), either generally or in respect of one or more documents or classes of documents, or
(b) order a party to
(i) amend the list of documents to list additional documents that are or have been in the party's possession, power or control relating to any or all matters in question in the action,
(ii) serve the amended list of documents on all parties of record, and
(iii) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).
[am. B.C. Reg. 119/2010, Sch. A, s. 14 (b), (c) and (f).]
Inspection of documents
(15)A party who has served a list of documents on any other party must allow the other party to inspect and copy, during normal business hours and at the location specified in the list of documents, the listed documents except those documents that the listing party objects to producing.
[am. B.C. Reg. 119/2010, Sch. A, s. 14 (g).]
Copies of documents
(16)If a party is entitled to inspect listed documents under subrule (15), the listing party must, on the request of the party entitled to inspection and on receiving payment in advance of the cost of reproduction and service, serve on the requesting party copies of the documents, if reproducible, for which a request has been made.
[am. B.C. Reg. 119/2010, Sch. A, s. 14 (h).]
Order to produce document
(17)The court may order the production of a document for inspection and copying by any party or by the court at a time and place and in the manner it considers appropriate.
Documents not in possession of party
(18)If a document is in the possession or control of a person who is not a party of record, the court, on an application under Rule 8-1 brought on notice to the person and the parties of record, may make an order for one or both of the following:
(a) production, inspection and copying of the document;
(b) preparation of a certified copy that may be used instead of the original.
Order by consent
(19)An order under subrule (18) may be made by consent if that order is endorsed with an acknowledgment by the person in possession or control of the document that the person has no objection to the terms of the proposed order.
Inspection of document by court
(20)If, on an application for production of a document, production is objected to on the grounds of privilege, the court may inspect the document for the purpose of deciding the validity of the objection.
Party may not use document
(21)Unless the court otherwise orders, if a party fails to make discovery of or produce for inspection or copying a document as required by this rule, the party may not put the document in evidence in the proceeding or use it for the purpose of examination or cross-examination.
Determination of issue before discovery
(22)If the party from whom discovery, inspection or copying of a document is sought objects to that discovery, inspection or copying, the court may, if satisfied that for any reason it is desirable that an issue or question in dispute should be determined before deciding on the right to discovery, inspection or copying, order that the issue or question be determined first and reserve the question of discovery, inspection or copying.

 楼主| 发表于 3/29/2018 13:25:23 | 显示全部楼层
本帖最后由 郭国汀 于 3/29/2018 13:28 编辑

SUPREME COURT CIVIL RULES  Act
Rule 1-2-(3)
Waiver of rule by agreement
(3)Onapplication, and if all parties to a proceeding agree, thecourt may order that any provision of these Supreme Court CivilRules does not apply to the proceeding.
Rule 1-3 — Object of Rules
Object

(1)Theobject of these Supreme Court Civil Rules is to secure the just, speedyand inexpensive determination of every proceeding on itsmerits.
(2)Securingthe just, speedy and inexpensive determination of a proceeding on its meritsincludes, so far as is practicable, conducting the proceeding in ways that areproportionate to
(a) the amount involved in the proceeding,
(b) the importance of the issues in dispute, and
(c) the complexity of the proceeding.
 楼主| 发表于 3/29/2018 13:45:03 | 显示全部楼层
本帖最后由 郭国汀 于 3/29/2018 15:34 编辑

Rule 3-3 — Responding to a Notice of Civil Claim
Filing a response to civil claim
(1)To respond to a notice of civil claim, a person must, within the time for response to civil claim referred to in subrule (3),
(a) file a response to civil claim in Form 2, and
(b) serve a copy of the filed response to civil claim on the plaintiff.
Rule 3-4 — Counterclaim
Counterclaim
(1)A defendant in an action who wishes to pursue a claim within that action against the plaintiff must, within the time set out for the filing of a response to civil claim under Rule 3-3 (3), file a counterclaim in Form 3 that accords with Rule 3-7.

Rule 3-4(5)Response to counterclaim
(5)A person against whom a counterclaim is brought must, if that person wishes to dispute the counterclaim,
(a) file a response to counterclaim in Form 4 that accords with Rule 3-7, and
Rule 3-6 — Reply
Service of reply
(1)A plaintiff may, within 7 days after the response to civil claim has been served, file and serve on all parties of record a reply in Form 7 that accords with Rule 3-7.
Pleading subsequent to reply
(2)No pleading subsequent to a reply may be filed or served without leave of the court.
Failure to reply
(3)If no reply to a response to civil claim is served, a joinder of issue on that response to civil claim is implied.
 楼主| 发表于 3/29/2018 15:59:59 | 显示全部楼层
Rule 3-8 — Default Judgment
Default in filing andserving a responseto civil claim
(1)Aplaintiff may proceed against a defendant under this rule if
(a) that defendant has not filed and served aresponse to civil claim, and
(b) the period for filing and serving the response to civil claimhas expired.
(2)Aplaintiff who wishes to proceed against a defendant under this rule must file
(a) proof of service of the notice of civil claim on thatdefendant,
(b) proof that the defendant has failed to serve a response to civil claim,
(c) a requisition endorsed bya registrar with a notation that no response to civilclaim has been filed by that defendant, and

(d) a draft default judgment order in Form 8.

 楼主| 发表于 3/29/2018 17:53:37 | 显示全部楼层
本帖最后由 郭国汀 于 3/29/2018 18:27 编辑

Rule 4-3 — Personal Service
When documents must beserved by personalservice
(1)Unlessthe court otherwise orders or these Supreme Court Civil Rules otherwiseprovide, the following documents must be served by personal service inaccordance with subrule (2):
(a) a notice of civil claim;
(b) a petition;
(c) a counterclaim if that counterclaim is being served on a person who is nota party of record;
(d) a third party notice if that third party notice is being served on aperson who is not a party of record;
(e) a subpoena to a witness who is not a party of record;
(f) a subpoena to a debtor under Rule 13-3;
(f.1) a subpoena under Rule 25-12;
(g) a citation referred to in Rule 25-11;
(h) a notice of intention to withdraw under Rule 22-6 if thatnotice is being served on the person who was being represented by the lawyer whofiled the notice;
(i) a notice of application under Rule 22-8 for anorder for contempt;
(j) any document not mentioned in paragraphs (a) to (i) of thissubrule that is to be served on a person who is not a party of recordto the proceeding or who has not provided an address for service in theproceeding under Rule 8-1 (11);
(k) any other document that under these Supreme Court Civil Rulesis to be served by personal service.
Rule 5-1 — Requesting a Case Planning Conference
Case planning conferencemay be requested
(1)A partyof record to an action may, at any time after the pleading period hasexpired, request a case planning conference by
(a) obtaining a date and time for the case planning conference from theregistry, and
(b) filing a notice of caseplanning conference in Form 19.

Contents of case plan proposal
(6)A party's case plan proposal referred to in subrule (5) must be in Form 20 and must, in a summary manner, indicate the party's proposal with respect to the following steps:
(a) discovery of documents;
(b) examinations for discovery;
(c) dispute resolution procedures;
(d) expert witnesses;
(e) witness lists;
(f) trial type, estimated trial length and preferred periods for the trial date.

 楼主| 发表于 3/30/2018 11:39:56 | 显示全部楼层
本帖最后由 郭国汀 于 3/30/2018 11:58 编辑

Rule 6-1 — Amendment of Pleadings
When pleadings may beamended
(1)Subjectto Rules 6-2 (7) and (10) and 7-7 (5), a party may amend thewhole or any part of a pleading filed by the party
(a) once without leave of the court, at any time beforeservice of the notice of trial, or
(b) after the notice of trial is served, only with
(i) leave of the court, or
(ii) written consent of the parties.
Rule 7-1 — Discovery and Inspection of Documents
List of documents
(1)Unlessall parties of record consent or the court otherwise orders, each partyof record to an action must, within 35 days after the end of the pleadingperiod,
(a) prepare a list of documents in Form22 that lists
(i) all documents that are or have been in the party's possessionor control and that could, if available, be used by any party of record attrial to prove or disprove a material fact, and
(ii) all other documents to which the party intends to refer attrial, and

(b) serve the list on all parties of record.
(2)each party's list of documents must include a brief description of each listed document.
Party may not use document
(21)Unlessthe court otherwise orders, if a party fails to makediscovery of or produce for inspection or copying a document as required bythis rule, the party may not put the document in evidence in the proceeding oruse it for the purpose of examination or cross-examination.
 楼主| 发表于 3/30/2018 17:16:50 | 显示全部楼层
Rule 9-3 — Special Case
Statement of special case
(1)The parties to a proceeding may concur in stating a question of law or fact, or partly of law and partly of fact, in the form of a special case for the opinion of the court.
Court may order special case
(2)The court may order a question or issue arising in a proceeding, whether of fact or law or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be stated in the form of a special case.
Hearing of special case

(4)On the hearing of a special case, the court and the parties may refer to any document mentioned in the special case, and the court may draw from the stated facts and documents any inference, whether of fact or law, that might have been drawn from them if proved at a trial or hearing.

 楼主| 发表于 3/30/2018 18:06:11 | 显示全部楼层
Rule 9-5 — Striking Pleadings
Scandalous, frivolous or vexatious matters
(1)At any stage of a proceeding, the court may order to be struck out or amended the whole or any part of a pleading, petition or other document on the ground that
(a) it discloses no reasonable claim or defence, as the case may be,
(b) it is unnecessary, scandalous, frivolous or vexatious,
(c) it may prejudice, embarrass or delay the fair trial or hearing of the proceeding, or
(d) it is otherwise an abuse of the process of the court,
and the court may pronounce judgment or order the proceeding to be stayed or dismissed and may order the costs of the application to be paid as special costs.

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