Pleadings and Discovery
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Pleadings and Discovery
Find out how Arrow White can help with your Pleadings and Discovery requirements
Before appearing in court for trial, there are a number of steps involved in commencing or defending a legal action. In commencing a legal action, considerations need to be made as to whether there is a cause of action, whether there is standing to bring the case, whether loss or damage has been suffered, and whether there is sufficient evidence to back up the case.
In order to commence proceedings in court, a Claim or Application needs to be filed and served upon the other parties. In most cases, a Statement of Claim also needs to be filed, which sets out the facts that would be relied upon to establish the case. In contrast, if served with a Claim and Statement of Claim, a Defence will need to be filed. Should a cause of action be applicable against the plaintiff, a Counterclaim can also be brought forward.
These documents are referred to as the pleadings. Drafting effective pleadings is crucial as they form the foundation of a legal case. Well-crafted pleadings define issues, streamline court proceedings, and guide the case’s trajectory. Clear and comprehensive pleadings enhance communication between parties and the court, fostering efficient litigation and increasing the likelihood of a favourable outcome.
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Pleadings and Discovery
Find out how Arrow White can help with your Pleadings and Discovery requirements
Generally, once pleadings are complete, discovery is the next step involved. During discovery, parties must provide to the other parties involved any documents in their possession that are relevant to the issues in dispute. The main objective of the discovery process is to avoid any surprises at trial.
Our team at Arrow White has expertise representing both individuals and businesses in a variety of litigation matters. We can help you fulfill the deadlines associated with civil procedures, create comprehensive pleadings, and finish discovery. We want to give you informed advice and speak up for your rights and interests since we recognise that going to court may be a stressful moment.
Please contact our office on 07 3051 0800 or 1300 ARROWW for a free initial consultation today.
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