34. PRE-TRIAL CASE MANAGEMENT

34. Pre-Trial Case Management.
Order 34
[Subs. PU(A)342/2000 w.ef. 22 Sept 2000]
Pre-Trial Case Management.

1. Application. (O. 34, r. l) .

This Order applies to actions begun by writ and, accordingly, references in this Order to an action shall be construed as references to an action so begun.

2. Notice requiring parties to attend before the Judge. (O. 34, r. 2) .

(1) The plaintiff shall, not later than 14 days after the close of pleadings under Order 18, rule 20, cause to be issued from the Registry of the Court a notice in Form 63 requiring the parties to the action to attend before the Judge.

(2) If the plaintiff fails to comply with the provisions of paragraph (1) , the Judge may direct the Registry of the Court to issue a notice in Form 64 to the plaintiff to show cause why the action should not be struck out.

3. Powers of the Judge when parties do not appear. (O. 34, r. 3) .

(1) If the parties to the action fail to appear before the Judge upon the return date stated in the notice in Form 63, the Judge may in his absolute discretion make any order as meets the ends of justice, including striking out the action or any defence or counterclaim, or other pleading or entering judgment against the defendant, or if there are several defendants, then against one or more of them or he may, after recording his reasons for doing so, adjourn the proceedings to another date.

(2) Where a notice in Form 64 has been issued pursuant to the provisions of rule 2(2) , the Judge may, upon the return date specified in such notice, strike out the action or make any other order or give such directions as may be specified in the order.

4. First pre-trial conference. (O. 34, r. 4) .

(1) Where the parties to an action appear in person or by an advocate on the return date appearing in Form 63 (hereinafter referred to as "the first pre-trial conference") , then the Judge to whom the action has been assigned shall, after conferring with them, make such orders and give such directions as to the future conduct of the action to ensure its just, expeditious and economical disposal.

(2) Without prejudice to the generality of the provision of paragraph (1) , the Judge may-
(a) direct the parties or any of them to furnish particulars of the claim or defence or other pleadings as the Judge may deem fit;

(b) order the parties or any of them to answer interrogatories on oath or affirmation; (c) require the parties to formulate and settle, with the concurrence of the Judge, the principal issues requiring determination at the trial;

(d) order the parties or any of them to deliver their respective lists of documents that may be used at the trial of the action;

(e) direct the parties to the action to furnish to the Judge and to exchange between themselves, a bundle containing each of their respective documents;

(f) order either party to the action to furnish the report of an expert and fix the time for the delivery of such report;

(g) require each party to provide a brief summary of that party's case to the Judge in advance of the trial date;

(h) direct the parties to the action, whenever there is agreement upon all or any of the documents proposed to be relied upon by them or any of them at the trial of the action, to file and exchange a bundle of such documents;

(i) direct the parties to exchange and file a statement of agreed facts;

(j) subject to all just exceptions as to privilege, direct the parties to make any disclosure or provide any information which the Judge considers relevant to the issues in the action;

(k) limit the number of witnesses that each party to the action may call at the trial;

(l) direct the joinder of any party as a party to the action or the removal of any party who is already a party to the action;

(m) order the addition of a third party to the action and deal with all directions consequent upon such addition;

(n) fix a date for the hearing of the action;

(o) deal with all applications for amendments to the pleadings;

(p) limit the time within which any of the directions given are to be complied with.

5. Directions may be given in stages. (O. 34, r. 5) .

If the Judge to whom the action has been assigned is, for any reason whatsoever, unable, at the first pre-trial conference, to give all the directions necessary for the trial of the action, he may give such directions as are necessary at that stage of the proceedings and shall fix the date of the next pre-trial conference.

6. Scheduling and convening of pre-trial conferences. (O. 34, r. 6) .

The Judge may of his own motion or on application by letter by any party schedule and convene as many pre-trial conferences as he may deem necessary for the giving of directions or of such further directions he may deem necessary or for the amendment or variation of any direction already given.

7. Failure to comply with Judge's directions. (O. 34, r. 7) .

If any party to an action fails to comply with any direction given by the Judge at any pre-trial conference, such order may be made against the defaulting party by the Judge as meets the ends of justice.