This memorandum covers an important aspect of legal practice and procedure–, the ability to have a matter disposed of in a summary way where that is a reasonable way of dealing with the action. This increases access to justice, in that it frees up trial time for other matters requiring a full hearing. It is also likely to cost the litigants less money, and certainly uses up less of their time. As summary dispositions often take place near the beginning of an action, the problems associated with delay may also be ameliorated. The paper discusses the topics of Striking Out Pleadings; trial of an Issues and Special Case Rules; Summary Judgment; Summary Trial Procedure; the Streamlined Procedure; the possibility of combining Summary Disposition Procedures; and default Procedures. The discussion in this paper is organized around the issues that arose as the Committee considered each topic, and reflects research and consultation as well as the experience and views of the General Rewrite Committee.
Consultation Memoranda
Back to Publication SearchRules: Summary Disposition of Actions, Consultation Memorandum 12.12
Resource Details
Publication No: | 12.12 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm01212.pdf |