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Actions v Applications (aka motion proceedings/motions.paper based (no…
Actions v Applications
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aka motion proceedings/motions.paper based (no leading of witnesses) no separation betw pleadings & evidence
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affidavits sets out issues of fact betw parties + contain evidence parties need to adduce in proof of factual allegations (averments)
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Actions= clear separation betw pleading stage, trial & evidence
pleading= written statements made & delivered by parties, setting out material facts on which parties rely to support claim or defence
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pleadings completed- action set down for trial & at trial parties try to prove by evidence, the allegations+responses in pleadings
witnesses examined inchief, cross exam and re-exam(after evidence completed argument addressed to court then court gives judgement
2 main types
opposed applic: set down separate hearing few days in advance after unopposed matters been dealt with. can only argue issues in paper
unopposed: no opposition against notice of motion. MC= opposed heard after unopposed. HC= opposed set down separate hearing also after unopposed
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