ORDER
34
SETTING DOWN FOR
TRIAL OF ACTION
BEGUN BY WRIT
Application and interpretation (O. 34, r. 1)
1.
This
Order applies to actions begun by writ and, accordingly, reference
in this Order to an action shall be construed as references to an
action so begun.
Time for setting down action (O. 34, r. 2)
2.
—(1)
Every
order made on a summons for directions shall fix a period within which
the plaintiff is to set down the action for trial and must contain
an estimate of the length of the trial and specify the number of
witnesses, if any.
(2)
Where the plaintiff does not, within
the period fixed under paragraph (1), set down for trial, the defendant
may set the action down for trial or may apply to the Court to dismiss
the action for want of prosecution and, on the hearing of any such application,
the Court may order the action to be dismissed accordingly or may
make such order as it thinks just.
(3)
An action set down for trial must
contain an estimate of the length of the trial and specify the number
of witnesses (if any) and shall, subject to any directions under
Rule 4, specify the list in which the action is to be put.
Filing documents when setting down (O. 34, r. 3)
3.
—(1)
In
order to set down for trial an action, the party setting it down
must deliver to the Registrar, a request in Form 61 that the action
may be set down for trial together with a bundle for the use of
the Judge consisting of one copy of each of the following documents:(a)
the writ;
(b)
the
pleadings (including any affidavits ordered to stand as pleadings),
any notice or order for particulars and the particulars given; and
S 637/2006, wef 01/01/2007
(c)
all
orders made on the summons for directions.
S 637/2006, wef 01/01/2007
(d)
Deleted by S 637/2006, wef 01/01/2007.
(2)
The bundle must be bound up in the
proper chronological order and have endorsed thereon the names,
addresses and telephone numbers of the solicitors for the parties
or, in the case of a party who has no solicitor, of the party himself.
Filing documents prior to trial (O. 34, r. 3A)
3A.
—(1)
The
following documents must be filed not less than 5 days before the trial
of an action:(a)
the originals of the affidavit of
the evidence-in-chief of all witnesses;
(b)
a bundle of all documents that will
be relied on or referred to in the course of the trial by any party,
including any documents that are exhibited to the affidavits of
the evidence-in-chief of all witnesses; and
(c)
where the trial is in the High Court,
opening statements of all parties as may be prescribed in any practice
directions for the time being issued by the Registrar.
(2)
Each party shall file the affidavits
of the evidence-in-chief of that party’s witnesses.
(3)
The contents of the bundle of the
documents referred to in paragraph (1) (b) shall
be agreed on between all parties as far as possible and this bundle
of agreed documents shall be filed by the plaintiff.
(4)
If the parties are unable to agree
on the inclusion of certain documents, those documents on which
agreement cannot be reached shall be included in separate bundles,
and each such bundle shall be filed by the party that intends to
rely on or refer to the documents in that bundle at the same time
as the bundle of documents referred to in paragraph (1) (b).
(5)
The documents contained in bundles
must be arranged chronologically or in some logical order and must
be paginated.
(6)
Care must be taken to avoid duplication
within the same bundle.
(7)
The contents and format of every bundle
of documents filed in pursuance of this Rule shall comply with the
requirements laid down in any practice directions for the time being
issued by the Registrar.
(8)
Any party may apply at any time to
the Registrar for directions as to the filing, bundling and organisation
of documents intended to be used at the trial of the action, and,
on such application, the Registrar may make such order or give such
direction as he thinks is necessary to achieve the just, expeditious
and economical conduct of the trial of the action.
Directions relating to lists (O. 34, r. 4)
4.
Nothing
in this Order shall prejudice any power of the Chief Justice or
the Senior District Judge, as the case may be, to give directions —(a)
specifying the lists in which actions,
or actions of any class or description, are to be set down for trial
and providing for the keeping and publication of the lists;
(b)
providing for the determination of
a date for the trial of any action which has been set down or a
date before which the trial thereof is not to take place; and
(c)
as to the making of applications (whether
to a Court or a Judge or the Registrar) to fix, vacate or alter
any such date, and, in particular, requiring any such application
to be supported by an estimate of the length of the trial and any
other relevant information.
Notification of setting down (O. 34, r. 5)
5.
—(1)
A
party to an action who sets it down for trial must, within 24 hours
after doing so, notify in Form 63 the other parties to the action
that he has done so.
(2)
It shall be the duty of all parties
to an action entered in any list to furnish without delay to the
Registrar all available information as to the action being or being
likely to be settled, or affecting the estimated length of the trial,
and, if the action is settled or withdrawn, to notify the Registrar
of the fact without delay.
Abatement, etc.,
of action (O. 34, r. 6)
6.
Where
after an action has been set down for trial the action becomes abated,
or the interest or liability of any party to the action is assigned
or transmitted to or devolves on some other person, the solicitor
for the plaintiff or other party having the conduct of the action
must, as soon as practicable after becoming aware of it, certify the
abatement or change of interest or liability and send the certificate
to the Registrar.
S 637/2006, wef 01/01/2007