- tocCivil Procedure Rules
|Contents of this Part|
|Scope of this Part||Rule 38.1|
|Direction for pre-trial review||Rule 38.2|
|Rules relating to case management conference to apply||Rule 38.3|
|Who is to conduct pre-trial review||Rule 38.4|
|Parties to prepare pre-trial memorandum||Rule 38.5|
|Directions at pre-trial review||Rule 38.6|
- This Part deals with the pre-trial review which is to be held shortly before trial if the court so orders.
- At any case management conference and at any subsequent hearing in the claim other than the trial, the court must consider whether a pre-trial review should be held to enable the court to deal justly with the claim.
- A party may apply for a direction that a pre-trial review be held.
- An application for a pre-trial review must be made at least 60 days before the trial date or the beginning of any trial period fixed under rule 27.5(3).
- The court office must give each party at least 14 days notice of the date, time and place for the pre-trial review.
- Parts 25 and 26, where appropriate, apply to a pre-trial review as they do to a case management conference.
- Wherever practicable the pre-trial review is to be conducted by the trial judge.
- The parties must seek to agree on and file at the court office a pre-trial memorandum not less than 7 days before the pre-trial review.
- If the parties are not able to agree on a memorandum, each party must file its own memorandum and serve a copy on all other parties not less than 3 days before the date fixed for the pre-trial review.
- A pre-trial memorandum must contain –
- a concise statement of the nature of the proceedings;
- a statement of the issues to be determined at the trial;
- details of any admissions made; and
- the factual and legal contentions of the party or parties filing it.
- At the pre-trial review the judge must give directions as to the conduct of the trial in order to ensure the fair, expeditious and economic trial of the issues.
- In particular, the court may –
- decide on the total time to be allowed for the trial;
- direct either party to provide further information to the other;
- direct how that time shall be allocated between the parties;
- direct the parties jointly to prepare one or more of –
- a core bundle of documents (that is, a bundle containing only the documents which the trial judge will need to pre-read or to which it will be necessary to refer repeatedly at the trial);
- an agreed statement of facts;
- an agreed statement of the basic technical, scientific or medical matters in issue;
- an agreed statement as to any relevant specialist area of law, which statement shall not be binding on the trial judge;
- direct when and by whom the documents should be filed at the court;
- direct whether or not there are to be any opening or closing addresses and the time to be allocated to each;
- give directions as to the extent to which evidence may be given in written form;
- give directions as to the procedure to be followed at the trial; and
- give directions for the filing by each party and service on all other parties of one or more of the following –
- a chronology of relevant events;
- a list of authorities which it is proposed to cite in support of those propositions;
- a skeleton argument; and
- a summary of any legal propositions to be relied on at the trial.