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welcome to you counsel in today's.lecture we will discuss the exchange of.affidavit of documents which is a.required step in any civil action in.Ontario and we will discuss this in the.context of rule 76 which is a specific.rule that simplifies certain procedures.in a civil proceeding in Ontario we.begin with our usual disclaimer that.this lecture is not legal advice so if.you have any specific questions you.should contact a lawyer or a paralegal.or the Law Society of Ontario for any.referrals rule 76 is also called.simplified procedures so in contrast to.ordinary procedure that covers all other.kinds of actions under the rules of.civil procedure now we have previously.done two videos on rule 76 if you.haven't watched those I would suggest.that you do because those videos deal.with some of the basic concepts of rule.76 generally speaking what I can restate.today is that rule 76 usually deals with.matter of money that are $100,000 or.less so if you are suing someone for.$100,000 then rule 76 is a better option.for you rather than the ordinary.procedure but you can also sue someone.for more than $100,000 under the rule 76.but there are certain ways to do that.and for that I would suggest that you.review the other two lectures what you.want to remember regarding rule 76 is.that it the process is faster it is.simpler and it is cost efficient so.whenever possible if you are the.plaintiff if you are commencing a court.action and if you can bring it under.rule 76 then I would recommend that you.do so what are the basic steps they are.similar to any other court action you.exchange you serve and file your.pleadings and then you exchange.affidavit of documents you conduct.examinations for discovery if the.mediation applies in your area if it's.mandatory then you should conduct a.mandatory mediation to attend a.pre-trial conference and then you take.your matter to trial if it has not.settled by then today we'll talk about.Effie David of documents which is step 2.in this process affidavit of documents.is covered under rule seventy six point.zero three and so what does an affidavit.of document contain it's a soar Nephi.David and it contains all documents.relevant to any.choose in the action so I've highlighted.I have underlined the important words in.this all documents so that means you.cannot be selective about what documents.you will produce if documents are.relevant whether they are favorable to.your case or unfavorable you are.required to produce those documents so.that indicates all document term.document contains all kinds of things.it's not just paper document it could be.emails faxes text messages videos audio.recordings any anything any tangible or.even intangible an electronic form.document will be considered a document.so document has a very very broad.meaning any piece of evidence that is.other than oral is generally a document.and you ought to produce it now coming.to the word relevant a lot of ink has.been spilled in explaining what is.relevant and what is not relevant in.court cases so I will not get into the.detail here we may do another lecture.but what you want to understand is that.the word relevant is a recent word in.the rules of civil procedure a few years.ago in the previous rules the word that.was used was related documents and so.there's a difference between related.documents and relevant documents related.documents were considered to be more.broad anything that was related it may.not be directly relevant to the issues.that was the language so it had.encompassed a lot more documents than.the documents that could be relevant to.these specific issues but the rules were.amended and now the rule says relevant.to any issue so these are the documents.that are relevant to the issues in.action what would be relevant if a.document proves or disproves any of the.issues in your action then that document.is relevant that is sort of the broad.definition you want to keep in mind but.as I said there are many many cases in.which parties are thought about what is.a relevant document and what is not a.relevant talk and the third part that.you want to remember is that the.relevant to any issues in the action so.let me explain that by way of an example.if a has borrowed money from B and has.not returned it and B has sued a for the.refund of that money let's say in that.process in that in that court action in.the statement of claim B says that there.was an email sent by a in which.a promise that he will pay the money.back by so-and-so date.let's say that is a factual statement.that has been made in the in the.statement of claim now the existence of.that email is a factual issue and the.content of that email is also.effectually so if you have that email it.does show or does prove whether the.email was sent or not or or was.exchanged and second whether the email.stated exactly what you are claiming so.in that situation that particular email.is a relevant document and you cannot be.selective about not choosing not to.disclose that email you're required to.disclose that email and even if that.email has certain contents that are not.favorable to the balance of your claims.but that email is relevant so so all.documents relevant to any issue in the.in this action that needs to be produced.that's sort of the general theme that.you want to remember but we'll try to do.a separate video on this to explain this.to you in more detail now what forms do.you use to prepare this affidavit of.documents if you are an individual party.than you use form 30 a and if you're a.corporation or partnership then you use.form 30 B there are four schedules in in.the affidavit of documents let me.quickly show you the form and see if we.can explain this to you through that.form so this is the form you can.download it it's available online just.type in Rules of Civil Procedure forms.and you will find this 30 a is there you.fill in the information about your name.where you state paragraph one is.important and this is what you stayed in.your affidavit I have conducted a.diligent search of my records and have.made appropriate inquiries of others to.inform myself in order to make this.affidavit so you have so you're.basically stating in this affidavit that.you have done everything you could to.find all the relevant documents either.in your own possession or if you had to.talk to someone else about it.you did so and that is why this.affidavit discloses to the full extent.of my knowledge information and belief.all documents relevant to any matters in.issue in this action that are or have.been in my possession control or power.so the documents that you are disclosing.the documents that you have in your.possession and the documents that you.have lost possession of or you had.possession once and you no longer have.those documents and that is those are.the things that you explain in schedules.a B and C so Schedule A basically lists.all the documents that are in your.possession and you do not object to.producing those Schedule B are the.documents that you do have in your.possession they're relevant to any.issues in this action but you are your.objecting to producing those because.they are privileged maybe you spoke to a.lawyer maybe you discussed your legal.options with a lawyer and in that you.discussed some of the aspects of your.case those are the documents that you.don't want to disclose and you you.basically state what those documents are.but then you say I am NOT disclosing.these because these are privileged.because of solicitor client relationship.Schedule C are those documents that you.had in your possession but you no longer.have those documents if you have if you.have lost those documents then you state.that if you if those documents are held.by someone else then you provide that.information.so you basically explain why you do not.have those documents anymore in your.possession you also need to under root.76 you have to provide a Schedule D.which states the names and addresses of.any person who might reasonably have.knowledge of your case or the.transactions so it does not have to be.just the witnesses who are going to.support your case but any person who has.reasonably expected to have knowledge of.the issues in your case you have to say.the name of that person and the provide.their address lawyer certificate if you.are self-represented party you don't.need to provide that and use that you.attach your schedules to it and you.swear this affidavit sign it swear in.front of Commissioner for oaths taking.or a notary public or a lawyer okay so.for schedules a B and C you make sure.that they are in your affidavit of.documents now what is the time line for.the service of affidavit of documents it.is within 10 days after the closed-off.pleadings if you have reviewed my.previous lectures close of pleadings.means that you have either served the.reply in your action or receive the.reply in your action or the time for the.delivery.reply has expired and that is the date.when the pleadings are closed and you.have ten days from that time line to.serve your affidavit of document now as.a practical matter I have never seen any.counsel follow this time line ten days.in my entire 11 years of practice I have.never seen that happen but that is not.to say that you cannot ask for it.especially if you are the plaintiff and.you need to move your action fast and.forward you should be ready to serve it.within ten days and then demand from the.defendant the other party that they.should serve their documents within the.timelines in the rules of civil.procedure what is it that you need to.serve you need to serve the affidavit of.documents and copies of documents in.Schedule A why I'm emphasizing this is.because in the ordinary procedure you.only serve the affidavit of documents.and then the copies of documents you're.not required to add this at the same.time and what happens with the copies of.documents is that the other side if they.demand copies of the documents then.there is a cost for the production of.those documents and the other side will.pay you for that cost and then you.provide copies in this case under rule.76 you have to do this at your own.expense so the rules are very specific.at your party's own expense you have to.serve the affidavit of document and.copies of document in your schedule okay.what you want to carry from this lecture.is that exchanging affidavit of.documents is a crucial step because it.contains all the relevant documentary.evidence on your side and on the other.side so it's a very important step it.enables both parties to assess assess.the merits of each other's case because.now you're looking at the documentary.evidence and matching to their claims to.their position whether their position is.actually proven by the documents that.they have provided or you have provided.it also enables parties to connect.effective examinations for discovery.because all the relevant documents have.been produced and now you can examine.the other side to elaborate on their.position through those documents or.explain the things that are gaps in.their position that you can find through.your examination for discovery we will.try to cover every derivative documents.in more detail we'll pick up each.section maybe Schedule A and do a.separate lecture and then similarly on B.C and D but for now I believe this gives.you a good sense of how you prepare your.affidavit of documents and then what is.the time line to exchange your affidavit.of documents thank you for watching.

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How do I fill out 2016 ITR form?

First of all you must know about all of your sources of income. In Indian Income Tax Act there are multiple forms for different types of sources of Income. If you have only salary & other source of income you can fill ITR-1 by registering your PAN on e-Filing Home Page, Income Tax Department, Government of India after registration you have to login & select option fill ITR online in this case you have to select ITR-1 for salary, house property & other source income. if you have income from business & profession and not maintaining books & also not mandatory to prepare books & total turnover in business less than 1 Crores & want to show profit more than 8% & if you are a professional and not required to make books want to show profit more than 50% of receipts than you can use online quick e-filling form ITR-4S i.s. for presumptive business income. for other source of income there are several forms according to source of income download Excel utility or JAVA utility form e-Filing Home Page, Income Tax Department, Government of India fill & upload after login to your account. Prerequisite before E-filling. Last year return copy (if available) Bank Account number with IFSC Code. Form 16/16A (if Available) Saving Details / Deduction Slips LIC,PPF, etc. Interest Statement from Banks or Others Profit & Loss Account, Balance Sheet, Tax Audit Report only if filling ITR-4, ITR-5, ITR-6, ITR-7. hope this will help you in case any query please let me know.

How do I fill out a CLAT 2019 application form?

How do I fill out the college preference form of the CLAT 2019? If you are AIR 1 and eligible for admission to all 21 NLUs, which one would you prefer? That is your first choice. Your first choice is not available. Out of the remaining 20, you are eligible for all 20. Which one will you prefer? That is your second choice. Your second choice is not available. Out of the remaining 19, you are eligible for all 19. Which one will you prefer? That is your third choice. Repeat the process till you have ranked all 21 NLUs. All the best.

How do I fill out the NEET 2019 application form?

Though the procedure is same as last earlier only the dates has been changed (tentative) yet to be announced by cbse u can fill form in October for the exam of February and in March for the exam of may if u r not satisfied with ur previous performance. All the best

How can I fill out the BITSAT Application Form 2019?

BITSAT stands for Birla Institute of Technology and Science Admission Test. The test is conducted every year by the BITS college for the screening of UG candidates. If you are planning to apply for BITSAT 2019 exam, then follow the below steps. Register Online- Go to the official website of BITS and click on the new registration option, fill out the required details there. Then you can fill out the BITSAT 2019 application form . The last date for registering is the third week of March 2019. You have to select three centers where you wish to write the exam. Upload the documents and Pay the Fees- U Continue Reading

How can I fill out the COMEDK 2019 application form?

Go to homepage of COMEDK go to www. Comedk. org. in. then go register and after getting registered u will get a application number then u can proceed in the application form.

Can a US citizen run for office in another country?

You can run but if you accept a policy level position in a foreign government you can lose your U.S. citizenship. Advice About Possible Loss of U.S. Nationality and Seeking Public Office in a Foreign State

How do you run for President of the United States?

This is one of those questions that can be Googled, and there is some good analysis on it. No one really knows, but I think this is as good a list as any: Analysis | The top 15 Democratic presidential candidates for 2020, ranked It includes the top contenders, Bernie Sanders, Joe Biden, and Elizabeth Warren, and then the next three up-and-coming candidates: Kirsten Gillibrand, Kamala Harris, Cory Brooker. Oprah’s on the list, but she definitely won’t run, and who knows what Dwayne Johnson will or will not do. Someone who is not on that list is Joe Kennedy III, and I think his SOTU rebuttal was a Continue Reading

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