LEGAL PROCESS

Potential Client/Plaintiff presents
their case to law firm/lawyer.
Retainer agreement/contingency fee agreement presented by law firm/lawyer to client for approval.

Outlines the firm’s role in the case; fee structure and basis of relationship as well as grounds for breaking the contract if required.
Notice sent to potential Defendant on behalf of the Plaintiff to start the claim process.

In the case of personal injury and/or medical malpractice, the Defendant could be the individual responsible or their representative insurance company.
Defendant may request meeting with the Plaintiff to take a Statement.

A Statement will be prepared so the Defendant gets a better understanding of the claim.

Defendant may ask for records to evaluate the Plaintiff’s claim; the claim may be resolved at this point based on the records presented.
Claims that remain unresolved or have not settled.
A Statement of Claim is the first step in a lawsuit.

The Statement of Claim is issued at the Courthouse by the Registrar.
A person that is responsible for “serving” Defendants with official documentation of a claim
Step 1: Plaintiff receives the official issued Statement of Claim from the Courthouse.

Step 2: The Plaintiff “serves” the Defendant with the Statement of Claim via a Process Server.
Statement of Defence prepared by Defendant/Defence lawyers and is “served” on Plaintiff/Plaintiff lawyers.

Statement of Defence discussed amongst Plaintiff/Plaintiff’s lawyers.
Each Party prepares an Affidavit of Documents: a collection of all relevant documents in a case.

Each party is given the opportunity to ask questions under oath: this is done at a Court Reporter’s office and arranged by the legal representatives of both parties.

Additional documentation may be requested, by either party, as part of “Discovery” resulting in the Undertakings.
Plaintiff or Defence may prepare and serve a Trial Record which contains all the pleadings in the case.

This is how the Court knows all the necessary steps have been taken and the Parties are ready for trial.
Each Party presents their case in a condensed format to obtain a Judge’s opinion of the case, and to promote settlement or to narrow the issues.
In a jury trial a verdict is provided by the jury upon instruction of the law by the Judge.

The verdict is given at the end of the case.
In a trial with a Judge and no jury, the Judge can give the decision right away or reserve judgment and provide written reasons for the decision at a later date.