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Assignment 1-UU-LAW-4010-Civil Procedure

Civil procedure refers to the rules and regulations that govern legal systems and court processes. Some key aspects of civil procedure discussed in the document include pre-trial information sharing between parties, commencing a civil action by filing a complaint, acknowledging service of court documents, filing a statement of claim, providing sworn statements of facts, the ability to discontinue proceedings, applying for summary judgement when there is no prospect of success for either party, and disclosing evidence. The document concludes that civil procedure aims to deliver just and effective justice through a cooperative relationship between parties.

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43 views5 pages

Assignment 1-UU-LAW-4010-Civil Procedure

Civil procedure refers to the rules and regulations that govern legal systems and court processes. Some key aspects of civil procedure discussed in the document include pre-trial information sharing between parties, commencing a civil action by filing a complaint, acknowledging service of court documents, filing a statement of claim, providing sworn statements of facts, the ability to discontinue proceedings, applying for summary judgement when there is no prospect of success for either party, and disclosing evidence. The document concludes that civil procedure aims to deliver just and effective justice through a cooperative relationship between parties.

Uploaded by

kamangamartins7
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Comprehension of What Civil Procedure is and it’s Precise Ambit of

Operation.

Name: MARTIN STANLEY KAMANGA


Student ID number: R2212D15689157
Module Name: CIVIL PROCEDURE
UU-LAW-4010-ZM

Module Tutor:
1

TABLE CONTENTS

Introduction….…………………………………………………… 3

Definition and Approach to Civil Procedure Rules………………. 4-5

Conclusion/Summary…………………………………………….. 4.

Reference…………………………………………………………...4

2
1. Introduction

This illustration herein puts much emphasis on civil procedure rules due to their vital
overriding objectives which enables the courts to handle matters justly and amicably

2. Definition and Approach to Civil Procedure rules

Civil procedure can be defined as that body of law which contains rules and regulations
that govern the legal systems.

2.1. Pre-trial

Parties are required to share various data concerning their case and intention, information,
demand letter, medical reports written contracts or agreement, for them to be aware of the
liability either in defamation, negligent.

2.2. Commencing an Action

Civil action mainly originated in through filing of complaint with either the court,
magistrate courts or county and district court, a complaint is mainly associated with its
claim form which sealed and stamped and the courts keeps a copy and later served on the
Defendant.

2.3. Acknowledging Service of Court Documents

The claimant is required to effect service of the summons document within a period of 14
days whilst the Defence does within 14-28 days admitting the whole or part. According
(Lyson Davidson Solicitors, 2023) states that once a claimant issues a claim form the
Defendants only have a limited and short time and fast response is necessary.

2.4. Statement of Claim

The statement of claim has been set out in their grievances referred as particular which
are filed together and served within 14 days and extends to 28 days, according to Jafali
Vs Khupe Case Number 48 of 2017 states that time might be specified of which parties
are required to agree on timely service of the documents.

2.5. Sworn statements

These are written facts verifying the whole history of the offence written in the
particulars of claim and the list of documents. According to (Wessing, 2020) that
proceedings for contempt of court may be brought against anyone who makes false
documents.

2.6. Discontinuance

According to (Mark, 2017) entails that any party to proceeding has a right to discontinue
the proceedings but must ready to pay cost and any discontinuance without cost proper
reasons has to be provided
4

2.7. Summary Judgement

This type of procedure states that were the claimant has no real prospect of succeeding on
the claim or issue and or the Defendant has no real prospectus of success in the matter
and there’s no any probable reasons to proceed for full trial.

2.8. Disclosures and Evidence

In this way parties are at freedom to make even before proceedings are commenced and
the evidence has been illustrated as to be prepared by solicitors in preparation and for the
trial

Conclusion

Wherefore the existence of the civil procedure rules and regulations and further their use
in practice entails that their success depends mostly on the relationship between the
parties. In this case parties are required to be cooperative with each other in order for the
court to further an overriding objective for just and effective justice delivery.

5
REFERENCE

Grainge, I., Fealy, M., and Spencer, M., (2000) The Civil Procedural Rules in Action (2 nd
Edition) : Cavendish Publishing House

Jafali Vs Khupe and Others, Persona Injury Case Number 48 of 2017 (High Court Civil)
Unrep.

Lyons Davidson Solicitors, (2022, April 21st) What is acknowledgement of Service and
When is it needed

Semple, N., (2021) An Introduction to Civil Procedure Reading, https;//www.conciling

Wessing, T., (2020, April 18th ) Disputes quick read ; Mandatory Changes to Statement of
the Truth, https://www.taylorwessing

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