NCA Civil Procedure key terms

A set of facts giving a person a legal right to sue for relief. It identifies the harm, the legal basis for recovery, and the remedy sought, and it frames what the plaintiff must prove.

The authority of a court to hear and decide a case. It depends on the court's subject-matter power, the parties' connection to the territory, and the limits set by statute or constitution.

The power of a court over persons or property because of their connection to the geographic area where the court sits. It usually requires service, residence, or a qualifying act within the territory.

A court's power to hear a particular kind of dispute, such as a commercial claim or a small claim. It is fixed by law and cannot be created by the parties' agreement.

A discretionary doctrine letting a court decline a case it may hear when another forum is clearly more suitable and the plaintiff can obtain justice there without undue hardship.

The formal delivery of legal documents, especially the claim, to the opposing party in a manner the rules permit. Proper service gives notice and triggers time limits for responding.

The plaintiff's initial pleading setting out the material facts, the legal grounds, and the relief requested. It defines the issues and tells the defendant what must be answered.

The defendant's pleading responding to the claim. It admits, denies, or explains the alleged facts and may raise affirmative defences or counterclaims against the plaintiff.

A claim brought by the defendant against the plaintiff within the same proceeding. It is usually heard together with the main claim so that all related disputes are resolved at once.

A defence allowing a party to reduce or extinguish the other side's claim by applying a separate debt or cross-claim. It can operate as a shield even where no counterclaim is filed.

A judgment granted in the plaintiff's favour when the defendant fails to respond or appear within the required time. Courts may set it aside on proper grounds, such as a valid excuse.

A ruling entered without a full trial when there is no genuine dispute about the material facts and one party is entitled to judgment as a matter of law. It saves time and cost.

The formal written statements exchanged by the parties at the start of a case. They define the issues in dispute, limit the evidence that may be led, and give notice of each side's case.

The pretrial stage in which each party obtains relevant information and documents from the other side. It narrows the issues, prevents surprise, and supports settlement or trial preparation.

Written questions served on another party that must be answered under oath or affirmation. They are used to obtain admissions and facts before trial and are limited to relevant matters.

A sworn list disclosing all relevant documents a party possesses, controls, or has had, including those claimed as privileged. It supports the duty to disclose during discovery.

A protection that allows a party to withhold certain communications or documents from disclosure. Common examples are solicitor-client communications and materials prepared for litigation.

An out-of-court oral examination of a party or witness under oath before trial. It is used to obtain admissions, assess credibility, and narrow the issues in dispute.

The time limit within which a claim must be started. If it expires, the right to sue is generally lost, although rules exist for discovery of the claim and for extending time.

The principle that a final judgment on the merits bars the same parties from relitigating the same claim or issues. It promotes finality and prevents repetitive litigation.

A rule preventing a party from denying a finding of fact or law that was necessarily decided in earlier litigation between the same parties. It bars relitigation of that specific issue.

Using court procedures for an improper purpose, such as harassment or delay, or bringing proceedings that are manifestly unfounded. Courts may stay or dismiss such proceedings.

A proceeding in which one or more representatives sue on behalf of a larger group with common issues. The court must certify the class and approve any settlement.

A case brought by or against a person representing a group with the same interest in the outcome. It avoids duplicative litigation but requires the court to protect absent members.

The process of adding parties or claims to an existing proceeding. It is permitted where the claims arise from the same transaction or involve common questions of law or fact.

A claim by a defendant that another person, not yet a party, is liable to contribute or indemnify for all or part of the plaintiff's claim. It brings that person into the case.

A written statement of facts sworn or affirmed to be true by the person making it. It is used as evidence in interlocutory motions and, where permitted, at trial.

A request to a court for an order or ruling before or during trial. Motions may seek procedural relief, interim preservation of rights, or dismissal of a claim.

A temporary order restraining conduct until the case is decided. The applicant must show a serious issue, irreparable harm, and that the balance of convenience favours the order.

A promise by a party seeking an interim order to compensate the other side for losses caused if the order later proves unjustified. It is often a condition of granting relief.

The obligation to list and produce relevant, non-privileged documents to the opposing party. It supports a fair trial by ensuring both sides have access to the same evidence.

An agreement resolving a dispute without a final judgment. It may be reached before or during trial, and courts encourage it to reduce cost, delay, and risk for the parties.

A formal written proposal to resolve a claim on stated terms. If rejected and the outcome is no better, cost consequences may follow under the rules.

A voluntary process in which a neutral third party helps the disputants negotiate a resolution. The mediator does not decide the case, and discussions are usually confidential.

The expenses of litigation, including legal fees and disbursements, allocated by the court. The general rule is that the unsuccessful party pays a portion of the winner's costs.

The final hearing in which the parties present evidence and argument and a judge or jury decides the facts and applies the law. The result is a binding judgment.

The court's final decision determining the rights and obligations of the parties. It may include an award of damages, a declaration, or an order for specific performance.

A review by a higher court of a lower court's decision, usually on questions of law or clear factual error. The appellate court may affirm, vary, or set aside the judgment.

The degree of deference an appellate court gives to a lower court's decision. Questions of law are reviewed for correctness, while findings of fact attract more deference.