Pleadings Seminar Quiz

When is it possible to plead evidence in a pleading?

• You can plead evidence in a pleading if you think it will be particularly useful to prove your case.

• You can plead evidence if it is necessary to put the other party on notice, or is inextricable from a relevant material fact.

• You can plead evidence when you don't have time to sort through the client's story to determine the relevant material facts.

• You can never plead evidence.

If an applicant is relying on a statutory entitlement or cause of action, should they state this in the pleading? 

• No, pleadings must not include this type of information as it would amount to pleading law.

• No, at the pleadings stage, an applicant should keep their cards close to their chest.

• Yes, a Statement of Claim should always specify any statutory entitlement or cause of action being relied upon.

• Yes, a Statement should include the full legal argument that will be made at trial.

If a party includes inconsistent facts or allegations in their pleadings, those facts or allegations should be pleaded...

(a)  

Why does an applicant only have to provide an outline of their damage and loss in a personal injury case, but not provide full details until later?

• A lot of information is needed as evidence of loss and injury which is not realistically available at the start of proceedings and injuries may not be settled yet.

• Before drafting pleadings, a party must have all information and evidence needed for trial and all details should be included in the pleadings to provide fair notice.

• An applicant only has to provide an outline of their loss and damage in a personal injury case because the details are confidential information.

• It is good case strategy to plan to surprise the other party throughout the pre-trial period and even into the trial.

What ethical duties are reflected in the Court’s reliance on the lawyer’s certificate on pleadings and other court documents? 

UCR 67.3—Certification

(1) A pleading must, if filed by a law firm, include a certificate by the responsible solicitor

in the relevant prescribed form that it is filed in accordance with the instructions of the

client, there is a proper basis for each allegation of fact in it and it complies with these

Rules.

(2) A pleading must, if filed by a party, include a certificate by the party in the relevant

prescribed form that the party is responsible for the pleading and each allegati

• SALPCR 3.1 A legal practitioner’s duty to the court and the administration of justice is paramount and prevails to the extent of inconsistency with any other duty.

• SALPCR 4.1 A legal practitioner must also:

  4.1.1 act in the best interests of a client in any matter in which the practitioner represents

  the client;

  4.1.2 be honest and courteous in all dealings in the course of legal practice;

  4.1.3 deliver legal services competently, diligently and as promptly as reasonably

  possible;

  4.1.4 avoid any compromise to their integrity and professional independence; and

  4.1.5 comply with these Rules and the law.

• SALPCR 8.1 A legal practitioner must follow a client’s lawful, proper and competent instructions.

• All of the above