Action

TYPICAL STEPS IN AN ACTION

 

Typical Steps in an Action
Who Does what Rule and Form When

Plaintiff

Files Statement of Claim

Rules 171 and 182

Form 171A

 

Plaintiff Serves Statement of Claim Rule 203(1) Within 60 days of issuance of Statement of Claim

Plaintiff

Files Proof of service

Rule 203(2) and 204

Within 30 days (in Canada), 40 days (in U.S.) or 60 days (elsewhere) from date of service

Defendant

Serves/Files Statement of Defence

Rules 171, 204 and 207

Form 171B

Within 30 days (in Canada), 40 days (in U.S.) or 60 days (elsewhere) of service of the Statement of Claim

Plaintiff

Serves/Files

Reply

Rules 171 and 205

Form 171C

Within 10 days after service of Statement of Defence

All parties

Serves Affidavit of documents

Rule 223

Form 223

Within 30 days after close of pleadings, as defined in Rule 202

Any party

May serve Request to admit facts or documents on adverse party

Rule 255

Form 255

After close of pleadings

Party served with Request to admit

Serves Response to the Request

Rule 256

Form 256

Within 20 days after service of request to admit

Any party

Examination for discovery of an adverse party

Rules 236

After close of pleadings

All parties

Settlement discussions

Rule 257

Within 60 days after close of pleadings

Any party ready for Trial

Serves/Files Requisition for pre-trial conference and Memorandum

Rule 258

Form 258

After close of pleadings

Court

Fixes time/place for pre-trial conference

Rule 259

Not more than 60 days after filing of the requisition

Each party other than Requisitioning party

Serves/Files Pre-trial conference Memorandum

Rules 262 and 258

Within 30 days after service of requisition

Court

Fixes date/place of trial

Rule 264

At the pre-trial conference

Plaintiff

Serves/Files Trial record

Rule 268

Not later than 40 days before trial

Court

Trial Management Conference

Rule 270

Once matter is scheduled for trial - Before or during trial

IMPORTANT: All documents other than the Statement of Claim must be filed with proof of service.

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