circuit court procedures query

Johnnyultra

I’m wondering if any body could tell me if you have to send out a notice of motion when initiating circuit court proceedings against someone your going to sue, As I’ am intending to take a civil action (myself) against a professional person who deceived me, and who caused me a financial lose, and I’ will be suing them for a breach of fiduciary duty, breach of contract and deception .

I’ previously went on the internet to find out how to take this civil action , and the procedures involved in doing so , It explained the following , briefly - first you issue and send them a civil bill, (Ordinary) then the following documents are exchanged Appearance, Notice for particulars, 10 days to respond, Lodgements, ( if applicable) Discovery, and then you issue a Notice to Trial,
this all seemed straight forward but when I’ was filling out the civil bill I’ printed of the courts .i.e. web site, I’ got in to difficulty’s with some of the questions, and so phoned up the citizen advice for some help, now I’ve came away with more questions to be answered, as the girl there told me that I’ had to send a notice of motion to the person first, before issuing a civil bill. Yet it said nothing on the internet web site -circuit court procedures about a motion of notice.

From what I’ gather a motion of notice is a written document with the exact same information on it as a civil bill, i.e. that you are intending to take legal proceedings against someone, with the explanation as to why you are taking the action and the relief you are seeking, -correct me if I’ wrong, it seems silly to me, to be sending out this information twice and so I’ feel I’ may have been misinformed. Can any legally minded people on boards .i.e. advise me on this.

hullaballoo

You will need a legal professional to act on your behalf in this matter. Ordinarily, I would not discourage people from taking cases as lay litigants here but you will not be able to proceed with what you are proposing without some professional legal guidance.

You might note that the forum charter and site rules prohibit legal advice being provided here. As a result, we can be of no further assistance.

Thread closed.