- tocCivil Procedure Rules
|Contents of this Part|
|Documents for use at trial||Rule 39.1|
|Written submissions||Rule 39.3|
|Failure of party to attend trial||Rule 39.4|
|Applications to set aside judgment given in party’s absence||Rule 39.5|
|Adjournment of trial||Rule 39.6|
- At least 21 days before the date fixed for the trial, all parties must inform the claimant of the documents that they wish to have included in the bundle of documents to be used at the trial.
- The claimant must prepare a bundle including all the documents which any party wishes to make use of at the trial.
- The bundle of documents should separate those which are agreed and those which are not agreed.
- The claimant must paginate and index the bundle of documents.
- At least 10 days before the date fixed for the trial the claimant must file at the court office –
- a bundle comprising copies of –
- all statements of case;
- any document which the parties were ordered to file under rule 38.6(2)(b);
- any requests for information and the replies;
- the claim form; and
- the pre-trial memorandum or memoranda;
- a second bundle comprising copies of –
- all expert reports;
- all witness statements; and
- any agreed statements under rule 38.6(2) (c) (ii)-(iv);
- a third bundle comprising the documents referred to in paragraph (2); and
- where the bundles exceed 100 pages of documents in total, a core bundle (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).
- a bundle comprising copies of –
- There must be excluded from the bundles prepared under this rule any –
- application or order relating to interim payments under Part 17; and
- offer to settle under Part 35 or notice of payment into court under Part 36;and any reference to any such payment or offer must be excised from any document contained in the bundles.
- If only a counterclaim is to be tried, references in this rule to the “claimant” should be construed as references to the defendant.
- Rule 27.6 allows the court to dispense with all or some of the requirements of this rule in simple and urgent cases.
- The court may limit examination, cross-examination or re-examination of any witness.
- The parties may, with the consent of the judge, file written submissions instead of or in addition to closing speeches.
- Such written submissions must be filed within 7 days of the conclusion of the trial or such shorter period as the judge directs.
- If the judge is satisfied that notice of the hearing has been served on the absent party or parties in accordance with these Rules –
- if any party does not appear at the trial, the judge may strike out the claim;
- if one or more but not all parties appear, the judge may proceed in the absence of the parties who do not appear.
- A party who was not present at a trial at which judgment was given or an order made may apply to set aside that judgment or order.
- The application must be made within 14 days after the date on which the judgment or order was served on the applicant.
- The application to set aside the judgment or order must be supported by evidence on affidavit showing –
- a good reason for failing to attend the hearing; and
- that it is likely that had the applicant attended, some other judgment or order might have been given or made.
- The judge may adjourn a trial on such terms as the judge thinks just.
- The judge may only adjourn a trial to a date and time fixed by the judge or to be fixed by the court office.
- The judge trying a claim may inspect any place or thing that may be relevant to any issue in the claim.