Let's Talk about the ABC of the Law gh: The Lawyer's Guide

 MAIN STAGES IN CIVIL LITIGATION: STAGE ONE(1): PLEADINGS STAGE (THE WAR ON PAPER) The Plaintiff is usually the party that initiates the civil litigation process by filing, causing to be issued and served on the Defendant, a Writ of Summons and Statement of Claim (sets out the Plaintiff's version of facts, especially demonstrating to the Court the "Right to be enforced" ). The Writ of Summons and Statement of Claim will ordinarily be served on the Defendant mainly through personal service or substituted service. The other party, usually the Defendant, on service of the Writ of Summons and Statement of Claim on him or her, is expected to enter appearance within eight (8) days, essentially submitting himself or herself to the jurisdiction of the Court in the matter.  The Defendant files and serves on the parties to the suit a Notice of Entry of Appearance, which may be Conditional or Unconditional. If the Defendant fails to enter appearance, the Plaintiff may apply to...

  LAWYER’S ABC GUIDE: DRAFTING AN APPLICATION (MOTION) THE RIGHT WAY. A motion is essentially a formal prayer to the Court , requesting it to issue a specific order or ruling on a matter before it.   Black’s Law Dictionary (10th edn, Thomson Reuters 2014) [1] defines a Motion as “a written or oral application requesting a court to make a specified ruling or order.” A motion may be made orally on one’s feet in court or filed in writing . In Ghana, written motions generally comprise three key components: 1.     The motion paper itself, 2.     A supporting affidavit , and 3.     A certificate of exhibits (where applicable). Lawyers typically draft two main types of applications: A motion on notice , where the opposing party is served with the application and has the opportunity to respond; and An ex parte motion , where the application is made without notifying the other party. Once filed...