Trial Before Motion For Merits (motion For)
Description
How to fill out Motion For New Trial?
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FAQ
The test on a motion to strike under rule 21.01(1)(b) is: ?assuming that the facts as stated in the statement of claim can be proved, is it 'plain and obvious' that the plaintiff's statement of claim discloses no reasonable cause of action??: Hunt v.
?No Genuine Issue Requiring a Trial? Rule 20.04(2)(a) provides that the court ?shall? grant summary judgment if it is satisfied that ?there is no genuine issue requiring a trial with respect to a claim or defence?.
The Rule permits a motion only on a question of law at the very preliminary stage of a proceeding and covers a very narrow scope. The Rule asks whether (i) based entirely on the content of the pleading; (ii) there is a question of law that will dispose of the action or an issue therein.
To set the case down for trial, the plaintiff must: serve a Notice for Readiness for Pre-Trial Conference (Form 76C) on all parties. file Form 76C and an Affidavit of Service with the court.
The trial record includes the pleadings and documents that are to be provided to the court at the trial. In other words, the trial record contains information the trial judge will use to understand the action, including its history before trial and the party's positions over time.