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This is a special type of procedure that has certain specificities in relation to the general litigation procedure. In the part in which the rules of the court proceedings in the disputes of the disturbance of the state are not specially regulated, the rules of the general civil procedure are applied in a subsidy manner. The domestic assault lawyer brampton provides legal help to all individuals who need it.
In the disputes of state interference, the urgency of the court’s proceedings was emphasized. This comes to the fore, not only in terms of prescribing a shorter deadline for appealing against a first instance court decision (8 days), but also as a rule that the lawsuit does not bring the defendant to the respondent for an answer, nor is the preparatory hearing scheduled for the filed complaint.
The speed and efficiency of court proceedings in state disputes is ensured by the rule by which the debate on the lawsuit for the disturbance of the state is limited only to the discussion and proof of the facts of the last state of the state and the resulting disturbance. The discussion on the right to a state, on the legal basis, the state’s conscientiousness or on claims for compensation of damages is excluded. This means that the court, acting on a lawsuit for the seizure of the state, confines itself to establishing whether the prosecutor had a peaceful state of affairs and whether he was seized by the defendant’s actions, does not question whether the plaintiff had the right to a state, was a conscientious holder, or how he came into possession of things, and so on. The same is true of harassment lawsuits, where the court confines itself to examining the fact whether the prosecutor had a peaceful state and whether the actions of the defendant were interfered with in exercising effective authority over matters or law.
In order to eliminate the urgent danger of unlawful damage or to prevent violence or to eliminate unnecessary damage, the court may in these proceedings also determine ex officio and without hearing the opposing party, and in the case of a party’s proposal for the provisional measure, the court shall, within 8 days decides from the filing date of the proposal. No special appeal is allowed on the decision on the determination of the provisional measure in these proceedings.
The decision on the request for interference by the state court is made in the form of a decision, the deadline for submitting a complaint to the first instance decision is 8 days, and for justified reasons, the court can decide that the appeal does not stay the execution of the decision. The Prosecutor loses the right to execute in the enforcement procedure a decision ordering the defendant to file an action against the lawsuit for the disturbance of the state, if he did not request execution within 30 days from the expiration of the deadline determined by the decision for the execution of that operation.