Civil litigation services will usually be a "last resort" option. We have experience in resolving disputes through informal negotiations as well as a range of other forms of Alternative Dispute Resolution. Our ability to assist you with your Civil litigation services needs include:
• Preparing civil litigation through District and High Court (including urgent Injunction and Applications) • Court Documentation • Briefing of Witnesses • Obtaining expert evidence • Research and legal opinions • Appeals in the High Court and Court of Appeal The title “process server” is one that those in the legal field know all about, and those outside of the legal business probably have little to no understanding of. There are a lot of misconceptions about what process serving is and what is needed of process servers on a day-to-day basis. Process servers were intended as a messenger system to notify individuals of their constitutional right to due process of law by “serv-ing” them with a notification that states the civil litigation services issue that specifically involves them. Originally, legal papers were typically served to individuals by their local county sheriff. As cities expanded in the United States, it became a challenging endeavor for local sheriffs to disperse court papers while attending to legal situations in their jurisdiction. There was a desire for an individual to deliver these papers legally and in a timely manner; for that reason, process servers were formed. - To effect service of an originating process, ‘personal service’ is usually required and it involves either: • Leaving a copy of the document with the person to be served; • If the person does not accept the copy, putting the copy down in the person’s presence and telling the person of the nature of the document. - If the defendant/respondent is a corporation, service of an originating process can be performed by: - Leaving a copy of the document at, or posting it to, the company’s registered office - By personal service (as defined above) on a director or secretary of a company - By leaving the document at the last known address of an administrator or liquidator of a company as lodged with ASIC. Civil litigation services have five model services as followed: • Model A (no order for disclosure) requires a party to do no more than comply with its obligation to provide known adverse documents. • Model B (limited disclosure) requires disclosure of those documents caught by Basic Disclosure, including known adverse documents, and so is relevant where a party has not already provided Basic Disclosure. • Model C (request-led search-based disclosure) requires disclosure of particular documents or classes of documents by reference to requests agreed by the parties or determined by the Court. • Model D (narrow search-based disclosure, with or without narrative documents) requires parties to conduct a reasonable and proportionate search in relation to the relevant issue and to disclose documents likely to support or undermine its own case or that of another party. • Model E (wide search-based disclosure) requires Model D disclosure but parties are also obliged to disclose documents which may lead to a train of inquiry which could result in the identification of other documents for disclosure.
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