Delay to File a statement of defence | Rule 18: 20
days after service of the Statement of Claim if in the province; 40
days if out of province but in the US/Canada; 60 days if anywhere
else.
*Filing a Notice of Intent to Defend provides an additional 10 days to file a Defence |
Affidavit of documents: which documents? Under which circumstances? | Rule 30: All relevant documents in the possession, control or power of a party to the action. To be served within 10 days of the close of pleadings. |
Rules of discovery | Delay to examine before plea | Delay to examine after plea | Rule 31: May examine a party after delivery of statement of defence and, unless the parties agree otherwise, after serving an affidavit of documents |
Court settlement Conference: a mandatory process or not? | Rule 50: Not mandatory |
Delay to file an appearance | Rule 38: Applies to Applications only. Party served with an Application shall file a Notice of Appearance at least three (3) days before the hearing . |
Delay to set the case ready for trial | Rule 48: Anytime after the close of pleadings a party may serve and file a request for trial and trial record on all parties. |
Time to obtain trial dates once the certificate of readiness is issued | Rule 48: The Registrar shall forthwith arrange to set the matter down for trial following service and filing of the request for trial and trial record |
Mediation | No Rule - Available anytime |
Simplified procedures (fast track and Small claims Court) (monetary limits) | Simplified Procedure - Rule
75.1: Limit $25,000 unless both parties agree to proceed by
Simplified Procedure. No discoveries; witnesses provide "will say"
statements instead.
Small Claims - Rule 74:
$8,000 |
The RMC member firm in PEI is: