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== E. Transfer to Supreme Court == | == E. Transfer to Supreme Court == | ||
A judge at the settlement/trial conference, at trial, or after application by a party at any time, | A judge at the settlement/trial conference, at trial, or after application by a party at any time, '''must''' transfer a claim to Supreme Court if he or she is satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $25,000182. However, the claimant may expressly choose to abandon the amount over $25,000 to keep the action in the Small Claims Court183. For personal injury claims, a judge must consider medical or other reports filed or brought to the settlement conference by the parties before transferring the claim to Supreme Court184. | ||
If a counterclaim for more than $25,000 is transferred under this rule, the original claim can still be heard in Small Claims Court if the claim is $25,000 or less185. | |||
== F. Amendments == | |||
A party who wants to amend, change, add, or remove anything in a filed document, such as the amount, the name of a party186, or a fact, must follow Rule 8. | |||
=== 1. Permission to Amend === | |||
Anything in any filed document can be changed by the party who filed it. Permission is not required unless any of the following have begun187: | |||
*a settlement conference; | |||
*a mediation under Rule 7.4; | |||
*a trial conference under Rule 7.5; | |||
*a trial under Rule 9.1; or | |||
*a trial under Rule 9.2. | |||
If any of these steps have commenced, the party must apply to a judge for permission to amend the document188. | |||
=== 2. Amendment Procedure === | |||
Changes on the document must then be underlined, initialled and dated189. If a judge has allowed the amendment, the document should reference the order. For example, the document might state, “Amended Pursuant to Rule 8(1)(b) by Order of the Honourable Judge Law on September 1, 2012.” | |||
=== 3. Serving Amendments === | |||
Before taking any other step in the claim, the party must serve a copy of the amended document on each party to the claim190. If the amended document is a Notice of Claim, Counterclaim, or Third Party Notice, it must be served as if it was an original. | |||
If the amended document is a Reply or some other document, it can be sent by regular mail to the address of each party to the action191. Documents served by ordinary mail are presumed served 14 days after being mailed unless there is evidence to the contrary192. While proof of service is not required, it is recommended. | |||
=== 4. Responding to Amendments === | |||
Generally, there is no obligation to respond to an amendment193. For example, a defendant’s current Reply may satisfactorily respond to a minor change to a Notice of Claim. If the defendant chooses not to file an amended Reply, the claimant cannot apply for a default order194. | |||
A party who wishes to respond to an amendment should follow the same procedures outlined in this section. |