4 Format of the Examination Format of the Examination will be put on the PCEA

4 format of the examination format of the examination

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4. Format of the Examination Format of the Examination will be put on the PCEA website nearer the date of examination.
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17 Syllabus for Civil Procedure IMPORTANT NOTE: This syllabus reflects the Civil Justice Reform which has been implemented in 2009. Students must refer to the amended legislation that incorporates the Civil Justice Reform. The amended legislation is set out in the reading list at the end of this syllabus. 1. Overview of the conduct of civil litigation in the District Court and the High Court Jurisdiction of the District Court Jurisdiction of the High Court Transfer of an action 2. Consideration prior to the commencement of an action: time limitation, legal aid and jurisdiction of the courts Identifying the cause(s) of action Identifying the parties to an action Identifying the limitation periods Costs only proceedings Choice of court Legal Aid considerations 3. Underlying objectives of the High Court and District Court Rules The courts’ underlying objectives The courts’ case management powers 4. Commencement of proceedings by writs and originating summonses Methods of commencing proceedings Validity and renewal of the writ 5. Service of Process Service within the jurisdiction Service on individuals Service on body corporate Service on partnership Substituted service Service on persons under disability Service out of the jurisdiction
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18 6. Pleadings The definition and purpose of pleadings The order of pleadings General rules of pleadings Verification by Statement of Truth The purpose of further and better particulars (Note: candidates will not be expected to draft pleadings in the examination) 7. Parties and Joinder Third party proceedings Joinder of parties by plaintiff/by defendant/by the court Joinder of causes of action Consolidation of actions or order for separate trials The interpleader procedure 8. Summary disposal of actions: default judgment and summary judgment Summary judgment: general principles Summary judgment: timing and procedure Summary judgment: possible outcomes and the appeal procedure Default judgment: general principles Setting aside default judgments (regular and irregular) 9. Interlocutory and ex parte proceedings Striking out a writ or pleadings Dismissal of an action for want of prosecution Application for an interim payment Discovery and inspection of documents Extraordinary forms of discovery Interrogatories Exchange of witness statements and expert reports Code of Conduct for expert witnesses Case management summons, case management conference and pre-trial review Case management timetable and milestone dates Setting a case down for trial Interlocutory injunctions Mareva injunctions and Anton Piller orders 10. Payments into Court and Settlement Admissions in money claims Offers to settle and payments into Court
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