What is the Overriding Objectives of the Civil Procedure Rules and how is it achieved by the Courts?
November 2, 2022
What is the Overriding Objectives of the Civil Procedure Rules and how is it achieved by the Courts? Give examples.
2. (i) What is a certificate of truth?
(ii) When can it be used and by whom can it be given?
(iii) What are the consequences, if any, of not giving a certificate of truth?
3. Maria Rodriguez has brought a claim in contract again Jason Montrichard in the Supreme Court. However, she knows for a fact that Jason is currently residing in by his mother in Miami, Florida. She wishes to have the legal documents served on him while he is there.
(i) In what circumstances will the court grant permission to Maria to serve the documents outside of the jurisdiction?
(ii) Describe the steps, if any, which must be taken before Maria will be permitted to serve the documents on Jason Montrichard.
4. Anna Devine has sued Duke Lavery. Duke Lavery is a plumber that she paid to conduct certain work at her home. On the 19th of November 2021 at 8:45 a.m. service of the Fixed Date Claim Form, Affidavits of Anna Devine in support of the Fixed Date Claim Form, Acknowledgement of Service, Defence, Counterclaim, Prescribed Notes to Defendant dated 30th September, 2021 was carried out at 12 Frederick Street, Port Charles (your jurisdiction). Duke Lavery was a stranger to Michael Williams when Michael, an electrician, effected service on Duke.
Show an Affidavit of Service for filing in Court Include any additional information that you deem necessary to make your document complete.