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District Court Rules 2009

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The new District Court Rules came into force 1 November 2009 bringing about a radical change to the District Court process.  The defended witness action is no longer the focal point but is relegated to just one of several possible outcomes.  Focus is on the speedy and inexpensive determination of proceedings and orientated to settlement at an early stage.

We are a little cynical because the so called "speedy" process in the new Rules still abolish summary judgment and impose up to at least 4 X 30 day waiting periods.

The suggested simplification of stating the grounds of your claim could also cause problems because this procedure may tend to hide up the true legal causes of action rather than highlight the legal basis of the claim.  Time will tell.  A good oppurtunity has been lost to bring into play a much easier procedure.

Here is a very helpful link with forms to use.  We repeat it at the bottom of the page so we suggest you read our information first.

DISTRICT COURT CIVIL CLAIMS . . . . .

 

 

 

Here is a direct link to the new Rules.

DISTRICT COURT RULES . . . . .

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Feedback/Blogs/Reviews from related topic: Civil Law and Claims
"I liked you Civil Index. Not much need for family or criminal but you civil index is very good to have at my fingertips. Thanks for providing this service T. (name withheld)"
"Great assistance. I agree with the above. Your civil topics are great. Better than we get at Polytech where I am studying Business Law. Terry -Dunedin - June 2007"
Feedback/Blogs/Reviews from related topic: Civil Law and Claims
"It's not fair that when you win a case you still have to beg a judge to award you costs and even then the award is always less than you have to pay your lawyer. This happened to me. My lawyer told me that there's always two sides to a story but the judge didn't recognise any validity in the other side's claim yet the nett result is that I recover only about 60% of my costs to my lawyer and the other 40% is about half of what I won in the case. That isn't justice. A real pissed off Kevin J. - Auckland - June 2007"
"NETLAW replies. Yes, we agree. What you need to do in these cases is make an Application for "Full and Reasonable Costs" and argue that the Court should (it can) make a full award. You need to convince a Judge that the other side never really has a chance of winning and that it is unfair that you should have to pay any costs. That is the way it is in the UK and Australia. But in New Zealand, it is usually only a percentage of the costs that you get back. That is unfair in many many cases. NETLAW - June 2007"
Feedback/Blogs/Reviews from related topic: Civil Law and Claims
"Bloody useful and practical. I sued for the recovery of money owing to me by a former friend. He owed me &11,000 so I could not use the Disputes Tribunal. I used a simple Statement of Claim. I forgot the Notice of Proceeding and the Court helped me but I then noticed that you had one on Netlaw. Your documents helped me and the Court staff were pretty good too. Cheers . . . Colin Dunedin - May 2007"
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"Great. See the other topics on Statement of Claim -Some Examples - Graeme - Tauranga"
Feedback/Blogs/Reviews from related topic: Civil Law and Claims
"A fabulous topic. Why are there no other sites which actually give examples. The lay person does not get to see Claims like this set out so clearly. I think there is a bit of a myth about te law which is buit up by lawyers. Please get as many examples as you can on to this topic please Netlaw . . . Graeme - Tauranga - May 2007"
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