A civil action begins when a party (the plaintiff) files a claim document called an originating process against another party (the defendant).
This document can either be a Writ of Summons (Writ) or an Originating Summons (OS), depending on the nature of the case.
Refer to the following to find out in which court process you have to follow and the conditions that apply:
You will have to... | The process applies for any of the following... |
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Start a civil claim by Writ of Summons (simplified civil process) |
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Start a civil claim by Writ of Summons |
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Start a civil claim by Originating Summons | It is required by law or concerns matters of law where there is unlikely to be any substantial dispute of facts. |