Litigation Procedures II

Overview

Course description

This is a BCCampus online provincial course. Litigation Procedures II builds on skills and knowledge from Litigation Procedures I. Subjects covered will include terminology and rules relating to preparing and handling legal correspondence and documents in civil litigation actions and matters in the Supreme Court of BC. Litigation II will continue the students’ introduction to the legal concepts necessary to a basic understanding of the functioning of the courts and the professional environment that they will be entering. This is primarily a hands-on course in which the students integrate keyboard, computer, transcription and document formatting with a knowledge of civil law. As the second of two Litigation Procedures courses, this course deals with documents and procedures from the discovery process to preparation and attendance at trial and post trial procedures including bills of costs and enforcement procedures. This course also deals with preparation for Chambers hearings. It does not deal with the initiation of lawsuits, drafting pleadings, or applying for default judgment, all of which are covered in Litigation Procedures I.

Course content

Overview
- Class introduction
- Review of the form of a civil action
- Review of vocabulary
Discovery of documents
- Procedures with clients
- Privilege and confidentiality
Examination for discovery
- Physical concerns–arranging the discovery
- Conduct money
Other discovery tools
- Interrogatories
- Notices to admit
- Subpoenas
- Depositions
- Expert reports
Settlement procedures
- Offers to settle
- Mediation
Interlocutory applications
- Concepts grounds for application
- Short application procedure
- Ex parte applications
Interlocutory applications–continued
- Long application procedure–outlines
- Amending documents
- Originating applications
Preparation for trial
- Notice of trial
- Booking a trial
- Trial record
- Case books
- Exhibit books
At trial–description
- Trial orders
- Reasons for judgment
- Dealing with the client
Bills of costs
- Fees disbursements
- Interest
- Assessment–party and party and assessment; taxation of lawyer’s
Enforcement of judgment
- Determining the debtor’s assets–subpoena and examination
- Garnishing orders–concept and procedure
Other enforcement methods
- Writ of seizure and sale, CPL, other writs
Closing the file
- Overview/review/conclusion

Learning activities

Communication between instructor and students will be conducted online using WebCT e-mail, discussion, chat utilities, guided practices, assignments, and case studies. Students will work both independently and collaboratively to learn and apply procedures and tasks carried on in a legal office. Both learning activities and evaluations will be structured to stress problem solving, accuracy, and working within time constraints.

Means of assessment

Production–document production	50%
Mid-term exam	20%
Final exam	20%
Participation	10%
Total	100%

Learning outcomes

The learner has reliably demonstrated the ability to:

Prepare documentation for a civil action in the Supreme Court of BC from the discovery phase of the case through to the completion of the file and enforcement of the judgment
Prepare the documentation necessary for a Chambers application
Understand basic legal concepts that underpin the court system in BC and affect the daily work of a civil litigation law office
Understand the environment of a law office and respond to some of the possible challenges in such an office including dealing with people in a law office, possible ethical challenges, and maintaining an appropriate professional appearance and demeanor
Prepare correspondence, including a variety of different types of letters and memoranda, in mailable form

Textbook materials

Textbooks and Materials to be Purchased by Students

Evin Ross. Guide to Civil Litigation, British Columbia Edition, Current Student Edition

. WAV pedal & computer headphones are required for digital transcription activities.

Requisites

Prerequisites

OADM 1432

Corequisites

No corequisite courses.

Equivalencies

No equivalent courses.

Course Guidelines

Course Guidelines for previous years are viewable by selecting the version desired. If you took this course and do not see a listing for the starting semester / year of the course, consider the previous version as the applicable version.

September 2011 (Current)