Arbitration Can’t force someone to go to arbitration – must be by K or agreement Majority of Ks have arbitration clause Private process (as opposed to court which is public) Can choose adjudicator – can get someone with knowledge, expertise about the issue Can be quicker than court Parties split arbitration fee along the way (have to pay for adjudicator) Can provide for full cost recovery (instead of tariffs in civil litigation) – parties can agree to full recovery Adjudicator’s decision is final – like court judgment Headed to Trial Different than pre-trial examination of W [see Rule 7-5] Evidence generally provided by: written transcript or video deposition Default is that court wants W to come to court and testify – this is if you can’t get W to court Rule 7-8 Depositions (1) By consent or order of court - may examine person under oath so record can be tendered at trial (3) in deciding to order deposition – court will consider: Convenience of person going to be examined Possibility that person might be unavailable to testify at trial (death, sickness, absence) Possibility person will be beyond jurisdiction of court at time of trial Expense of bringing person to trial (5) can serve subpoena on the person to make them bring docs and physical objects related to the action – that are in possession or control (9) and (10) – different forms if agree to testify (Form 27) and refuse to testify (Form 29) (13) notice of examination to all parties on record 7 days before date of examination (16) examination must be recorded in question/answer form or video recording [video is better] Applies to actions Rule 12-1 Set trial for hearing (2) to set proceeding for trial – file notice of trial [Form 40] Include in Form: place, date, time, estimate of reasonable time for hearing proceeding (decided by parties together) (3) date = from case plan order, or obtained from registry (5) place = place named in NOCC or changed by court order (7) if trial date set in notice of trial is no good – have 21 days to request CPC or apply to have trial rescheduled (10) if trial set - must notify registry w/o delay if proceeding settles or things come up that would affect estimated length of trial Rule 12-2 Trial management conference (1) takes place at least 28 days before scheduled trial date
Arbitration Can’t force someone to go to arbitration – must be by K or agreement Majority of Ks have arbitration clause Private process (as opposed to court which is public) Can choose adjudicator – can get someone with knowledge, expertise about the issue Can be quicker than court Parties split arbitration fee along the way (have to pay for adjudicator) Can provide for full cost recovery (instead of tariffs in civil litigation) – parties can agree to full recovery Adjudicator’s decision is final – like court judgment Headed to Trial Different than pre-trial examination of W [see Rule 7-5] Evidence generally provided by: written transcript or video deposition Default is that court wants W to come to court and testify – this is if you can’t get W to court Rule 7-8 Depositions (1) By consent or order of court - may examine person under oath so record can be tendered at trial (3) in deciding to order deposition – court will consider: Convenience of person going to be examined Possibility that person might be unavailable to testify at trial (death, sickness, absence) Possibility person will be beyond jurisdiction of court at time of trial Expense of bringing person to trial (5) can serve subpoena on the person to make them bring docs and physical objects related to the action – that are in possession or control (9) and (10) – different forms if agree to testify (Form 27) and refuse to testify (Form 29) (13) notice of examination to all parties on record 7 days before date of examination (16) examination must be recorded in question/answer form or video recording [video is better] Applies to actions Rule 12-1 Set trial for hearing (2) to set proceeding for trial – file notice of trial [Form 40] Include in Form: place, date, time, estimate of reasonable time for hearing proceeding (decided by parties together) (3) date = from case plan order, or obtained from registry (5) place = place named in NOCC or changed by court order (7) if trial date set in notice of trial is no good – have 21 days to request CPC or apply to have trial rescheduled (10) if trial set - must notify registry w/o delay if proceeding settles or things come up that would affect estimated length of trial Rule 12-2 Trial management conference (1) takes place at least 28 days before scheduled trial date
Goulden%20&%20Berger_Law_270_-_Civil_Procedure_Winter_2011_Camille_Chisholm.docx