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Tag: notice of action

HOW TO COUNTER-SUE!

If a litigant decides to proceed by way of an action, rather than by an application, it is necessary to serve either a Notice of Action (followed by a Statement of Claim), or simply a Statement of Claim.  Countermeasures can be taken by the defendant consisting of  a counterclaim against the plaintiff; a crossclaim against any co-defendant; or a third party claim against a person not yet a party to the litigation (the main action).

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HOW A CLAIM CAN BE DEFEATED OR RESOLVED BEFORE A TRIAL

After starting an action or application by issuing and serving a Notice of Action followed by a Statement of Claim or just by issuing a Statement of Claim, there is a possibility of dealing with certain matters that will end the dispute completely before a trial, or  the hearing itself will be considerably shorter and/or much less costly.

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SERVING A CLAIM

An originating process (i.e., a statement of claim, notice of action, notice of application or application) is to be served personally in accordance with the Rules of Civil Procedure (Rules).  Their are alternatives to this in specific situations. Unless a specific rule or order requires it, no other document has to be served personally or by an alternative to personal service. Such documents (not required to be

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