Background & purpose of the system 1 basic institutions, processes, and players 3

COMMENCING PROCEEDINGS

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  RPC r. 14.01: A proceeding shall be commenced by the issuing of an originating process;
  
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    “Originating process” = document whose issuing commences a proceeding under these rules, including statement of claim, notice of action, notice of application, an application for a certificate of appointment of an estate trustee, a counterclaim against a person who is not already a party to the main action, and a third or subsequent party claim.
    
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    Does NOT include counterclaim against persons who are already parties to the main action, a crossclaim, or notice of motion. (RPC r. 1.03)
    
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  Most common ways to commence proceedings: Action or application
  
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  Action is default – RCP r. 14.02: “Every proceeding in the court shall be by action, except where statute or these rules provide otherwise”
  
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    Action definition (CJA s. 1): a proceeding that is not an application and includes a proceeding commenced by (a) statement of claim; (b) notice of action; (c) counterclaim; (d) crossclaim; or (e) third or subsequent party claim
    
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      Originating process for the commencement of an action statement of claim or notice of action (RCP r. 14.03)
      
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      Involves contested issues of facts which requires pleadings, discovery, trial etc.
      
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      Action must be commenced within limitation period
      
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