2/ does the "affidavit of service" served on the plaintiffs lawyer have to be notarized before I file it with the court office? A judge who conducts a pre-trial conference will not preside at the trial unless all parties consent in writing. The term "deliver" in reference to a document means the service and filing of a document with proof of service (r. 1.03(1)). } catch(e){} /*]]>*/ (rr. Wherever possible, each allegation should be contained in a separate paragraph (r. 25.02). Every reasonable effort has been made to ensure that the information presented is current and accurate. Toronto, ON M5H 2N6 Please enable Cookies and reload the page. Use defined terms where necessary. At the end of the trial, you will be given an opportunity to make closing arguments about the evidence heard during the trial and how the law applies to your case. The plaintiff serves the statement of claim on all defendants and files an affidavit of service with the court. Retain results of the legal name searches in the client file. The parties must agree on a discovery plan if they wish to obtain evidence through the discovery process. The statement of claim must be served personally on the defendant(s), or by an alternative to personal service (rr. ef��u��*��8��M$. If you will be attending a hearing or conference, you must provide a paper copy of any document you filed online and wish to use at the hearing or conference [r. 4.05.1(6)]. If any of your witnesses are reluctant to attend the trial, you can require them to do so by serving them with a summons to witness (Form 53A - PDF) along with the required attendance monies. Copies can be made at the court office; however, the court charges a photocopy fee for each copy required. [CDATA[*/ endobj If the defendant does not defend the action, this affidavit of service is necessary for the plaintiff to obtain default judgment. Version Date: July 1, 2007. Retain a copy of the pleading for the file, a copy for the client and the appropriate number of copies for service on the opposing party(ies). The Rules of Civil Procedure outline the requirements of a trial record (see Rule 48.03). <> See the. Make any necessary revisions and have another lawyer, a student-at-law, a law clerk or your assistant proofread the statement of claim. Determine whether there is a basis for a counterclaim against the plaintiff or any person not already a party to the main action (R. 27). Once you are ready, and provided you are not noted in default, you can have your case set down for trial. Consider using headings and sub-headings, particularly in longer documents.
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