The Government of The Bahamas

OFFICE OF THE ATTORNEY GENERAL

S.I. No. 44 of 2004

THE SUPREME COURT ACT

(CHAPTER 53)

THE RULES OF THE SUPREME COURT

(AMENDMENT) RULES, 2004

The Rules Committee in exercise of the powers conferred by section 76 of the Supreme Court Act makes the following rules -

1.(1)

These Rules which amend the Rules of the Supreme Court may be cited as the Rules of the Supreme Court (Amendment) Rules, 2004.

Citation and commencement

Sub. Leg. Vol. II, Ch. 53-2.

(2)

These Rules shall come into operation on July 1, 2004.

The principal Rules are amended by the insertion immediately after Order 31 of the following -

Amendment of the principal Rules.

“ORDER 31A

CASE MANAGEMENT BY COURT

PART I

OBJECTIVE

The Court shall deal with cases actively by managing cases, which may include -

Court's duty to actively manage cases (O.31A. r.1).

(a)

encouraging the parties to co-operate with each other in the conduct of proceedings;

(b)

identifying the issues in the case at an early stage;

(c)

deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;

(d)

deciding the order in which issues are to be resolved;

(e)

encouraging the parties to use any appropriate form of dispute resolution and facilitating the use of such procedures;

(f)

actively encouraging and assisting parties to settle the whole or part of their case on terms that are fair to each party;

(g)

setting time standards or otherwise controlling the progress of the case;

(h)

considering whether the likely benefits of taking a particular step will justify the cost of taking that step;

(i)

dealing with as many aspects of the case as is practicable on the same occasion;

(j)

dealing with the case or any aspect of it, where it appears appropriate to do so, without requiring the parties to attend court;

(k)

making appropriate use of technology;

(l)

giving directions to ensure that the trial of the case proceeds quickly and efficiently; and

(m)

ensuring that no party gains an unfair advantage by reason of that party's failure to give full disclosure of all relevant facts prior to the trial or the hearing of any application.

PART II

DISPUTE RESOLUTION CONFERENCE

2.(1)

After the close of pleadings, a claim or any issue arising in a claim shall forthwith be referred by the Registrar to a dispute resolution conference.

Dispute resolution conference (O.31A, r,2).

(2)

The conference must be conducted in accordance with the rules in this Part.

A judge or the Registrar, shall conduct the conference.

Person conducting conference (O.31A, r.3).

The judge or the Registrar as the case may be, who conducts the dispute resolution conference may -

Procedure for dispute resolution conference (O.31A, r.4).

(a)

conduct a mediation, assisting the parties by meeting with them together or separately to encourage and facilitate discussion between them in an attempt to reach a mutually acceptable resolution of the dispute or any part of it;

(b)

conduct an early evaluation of the proceedings or any issues in them to evaluate the relative strengths and weaknesses of the positions advanced by each party; and

(c)

adopt any procedure that is just to the parties to facilitate and encourage an early settlement of one or more issues in dispute between them.

Discussions in a dispute resolution conference and documents prepared solely for the purposes of such a conference are confidential and may not be disclosed to a third party.

Confidentiality (O.31A, r.5).

6.(1)

Where a settlement of the whole of any proceeding is reached at a dispute resolution conference -

Notice of settlement (O.31A, r.6).

(a)

the settlement shall be recorded in writing and signed by the parties or their counsel and attorneys; and

(b)

notice of the settlement must be filed at the Registry within 14 days after the settlement is reached and thereafter the Registrar shall forthwith mark the writ or other originating document "settled".

(2)

Where only part of the proceedings is settled, the judge or the Registrar -

(a)

shall make an order setting out the issues that have not been resolved; and

(b)

shall give directions in accordance with Part III to ensure the fair, expeditious and economic trial of those issues.

(3)

Where no settlement of the proceedings is reached, the following shall apply -

(a)

where the conference is conducted by a judge, the judge shall give directions in accordance with Part III to ensure the fair, expeditious and economic trial of the issues; or

(b)

where the conference is conducted by the Registrar, the Registrar shall refer the matter to a judge who shall give directions in accordance with sub-paragraph (a).

PART III

CASE MANAGEMENT CONFERENCE PROCEDURE

This Part deals with the procedures by which a judge will manage a case which was not resolved under Part II.

Scope of this Part (O.31A, r.7).

8.(1)

Where only part of the proceedings is settled or no settlement of the proceedings is reached, the Registrar shall cause to be fixed a case management conference.

Case management conference (O. 31A, r.8).

(2)

The Registrar must give all parties not less than 14 days notice of the date, time and place of the case management conference.

(3)

The judge may with or without an application direct that shorter notice be given -

(a)

if the parties agree; or

(b)

in urgent cases.

(4)

The judge may make some other order where the case management conference has to be adjourned due to the failure of one or more parties to -

(a)

attend the hearing; or

(b)

co-operate fully in achieving the objective of the case management conference.

9.(1)

On the application of a party the judge may dispense with a case management conference if he is satisfied that -

Dispensing with case management conference (O.31A, r.9).

(a)

the case may be dealt with justly without a case management conference; and

(b)

the cost of the case management conference to the parties is disproportionate to the value of the proceedings and the benefits that might be achieved by a case management conference; or,

(c)

in any case, the case should be dealt with as a matter of urgency.

(2)

Where the judge dispenses with a case management conference, he must immediately -

(a)

give directions in writing about the preparation of the case;

(b)

set a timetable for the steps to be taken between the giving of directions and the trial;

(c)

fix a date for a pre-trial review unless he is satisfied that the case may be dealt with justly without a pre-trial review; and

(d)

in any event, fix -

(i)

the trial date, or

(ii)

the period within which the trial is to take place; and, in either case,

(iii)

the date by which a listing questionnaire is to be filed by the parties at the Registry.

(3)

The Registrar must serve the directions made under paragraph (2) on all parties and give notice of -

(a)

the trial date or trial period; and

(b)

the date on which the listing questionnaire is to be filed by the parties.

10.

Where -

Small money claims (O.31A, r.10).

(a)

the parties consent;

(b)

the judge is satisfied that he can deal with the claim justly in a summary manner;

(c)

the claim is for a specified sum of money, interest and costs only; and

(d)

the sum of money does not exceed $50,000, the judge may without a hearing -

(i)

dispense with a case management conference and pre-trial review;

(ii)

fix the trial date and dispense with a listing questionnaire under rule 16;

(iii)

dispense with all or any of the requirements relating to the preparation and filing of bundles of documents; and

(iv)

give any directions that will assist in the speedy and just trial of the claim including any direction that might be given under this Part or Part V.

11.

Application for summary judgment under 0.14 shall be made to a judge.

Application for summary judgment.

12.(1)

Where a party is represented by a counsel and attorney, that counsel and attorney or another counsel and attorney who is authorised to act on his behalf must attend the case management conference and any pre-trial review.

Attendance at case management conference or pre-trial review (O.31A, r.12).

(2)

The party or a person who is in a position to represent the interests of the party (other than the counsel and attorney) must attend the case management conference or pre-trial review.

(3)

The judge may dispense with the attendance of a party or representative if upon prior representation the Court is satisfied that such attendance is not necessary.

(4)

Where the case management conference or pre-trial review is not attended by the counsel and attorney and the party or a representative, the Court may adjourn the case management conference or pre-trial review to a fixed date and may exercise any of its powers under Part IV.

(5)

Subject to paragraph (3), if the Court is satisfied that notice of the hearing has been served on the absent party or parties in accordance with these Rules, then -

(a)

if the claimant does not attend, the Court may strike out the claim; and

(b)

if any defendant does not attend, the Court may enter judgment against that defendant in default of such attendance.

13.(1)

At a case management conference the Court must consider whether to give directions for -

Orders to be made at case management conference (O.31A, r.13).

(a)

standard disclosure and inspection;

(b)

service of witness statements; and

(c)

service of experts' reports if any,

by dates fixed by the Court.

(2)

The judge may also give directions for the preparation of -

(a)

an agreed statement of facts;

(b)

an agreed statement of issues;

(c)

an agreed statement of the basic technical, scientific or medical matters in issue; and

(d)

an agreed statement as to any relevant specialist area of law, which statement does not bind the trial judge.

(3)

The judge must direct whether the trial is to be before -

(a)

a judge alone; or

(b)

a judge with a jury.

(4)

The judge must fix a date for a pre-trial review unless he is satisfied that, having regard to the value, importance and complexity of the case, it may be dealt with justly without a pre-trial review.

(5)

The judge shall in any event, -

(a)

fix -

(i)

the trial date, or

(ii)

the period within which the trial is to commence; and

(iii)

the date by which a listing questionnaire is to be filed at the Court by the parties; and

(b)

direct which party must draft the order.

(6)

The plaintiff or such other party as the Court may direct must serve the order containing the directions made on all other parties giving notice of -

(a)

the trial date or trial period;

(b)

the date of any pre-trial review; and

(c)

the date by which the listing questionnaire is to be filed by the parties.

14.(1)

The Court shall not adjourn a case management conference without fixing a new date, time and place for the adjourned case management conference.

Adjournment of case management conference (O.31A, r.14).

(2)

Where the Court is satisfied that -

(a)

the parties are in the process of negotiating, or are likely to negotiate, a settlement; or

(b)

the parties are attending, or have arranged to attend, a form of alternative dispute resolution procedure,

the judge may adjourn the case management conference to a suitable date, time and place to enable negotiations or the alternative dispute resolution procedure to continue.

(3)

Where the case management conference is adjourned under paragraph (2) each party shall notify the judge in writing promptly if the claim is settled and serve a copy on the Registrar.

(4)

The judge may give directions as to the preparation of the case for trial if the case management conference is adjourned.

(5)

So far as practicable, any adjourned case management conference and procedural applications made prior to a pre-trial review must be heard and determined by the judge who conducted the first case management conference.

15.(1)

A party must apply to the judge if that party wishes to vary a date which the judge has fixed for -

Variation of case management timetable (O.31A, r.15).

(a)

a case management conference;

(b)

a party to do something where the order specifies the consequences of failure to comply;

(c)

a pre-trial review;

(d)

the return of a listing questionnaire; or

(e)

the trial date or trial period.

(2)

No date set by a judge under these Rules for doing any act may be varied by the parties if the variation would make it necessary to vary any of the dates mentioned in paragraph (1).

(3)

A party seeking to vary any other date in the timetable without the agreement of the other parties must apply to the judge before that date.

(4)

A party who applies after that date must apply -

(a)

for relief from any sanction to which the party has become subject under these Rules or any Court order; and

(b)

for an extension of time.

(5)

The parties may agree to vary a date in the timetable other than one mentioned in paragraphs (1) or (2).

(6)

Where the parties so agree, they must -

(a)

file a consent application for an order to that effect; and

(b)

certify on that application that the variation agreed will not affect the date fixed for the trial or, if no date has been fixed, the period in which the trial is to commence, and the timetable shall be accordingly varied unless the judge directs otherwise.

16.(1)

Each party must file the completed listing questionnaire, in the Form in the Schedule, at the Registry by the date directed under rule 13(5).

Listing questionnaire (O.31A, r.16).

(2)

Where -

(a)

a party -

(i)

fails to file the completed questionnaire at the Registry by the date fixed under rule 13(5); or

(ii)

fails to give all the information requested by the listing questionnaire; or

(b)

the judge considers that a hearing is necessary to enable him to decide what directions to give in order to complete the preparation of the case,

the judge may fix a listing appointment and direct any or all of the parties to attend the appointment.

(3)

The judge must give all parties at least 7 days notice of the date, time and place of the listing appointment.

(4)

Any party at fault must attend the listing appointment.

(5)

At the listing appointment the judge must -

(a)

give any directions which may be needed to complete the preparation of the case for trial without any adjournment of the trial; and

(b)

where the listing appointment has been fixed under paragraph (2)(a), order the party at fault to pay the costs of the hearing unless there is a special reason why the Court should not make such an order.

(6)

Apart from the requirement to complete a-listing questionnaire, the judge may at any time require the parties to answer a questionnaire to assist him in the management of the case.

17.(1)

As soon as practicable after -

Fixing trial date (O.31A, r.17).

(a)

each party has returned a completed listing questionnaire to the Registry, or

(b)

the Court has held a listing appointment under rule 16(3),

the Registrar must fix the date of the trial or, if the judge has already done so, confirm that date and notify the parties.

(2)

The Registrar must give the parties at least 8 weeks notice of the date of the trial.

(3)

The Court may however give shorter notice -

(a)

if the parties agree; or

(b)

where the Court considers it necessary to do so in the interest of justice.

PART IV

POWERS OF THE COURT

18.(1)

The Court's powers in this rule are in addition to any powers given to the Court by any other rule, practice direction or enactment.

Court's powers (O.31A, r.18).

(2)

Except where these Rules provide otherwise, the Court may -

(a)

consolidate proceedings;

(b)

extend or shorten the time for compliance with any rule, practice direction, order or direction of the Court even if the application for an extension is made after the time for compliance has passed;

(c)

adjourn or bring forward a hearing to a specific date;

(d)

stay the whole or part of any proceedings generally or until a specified date or event;

(e)

decide the order in which issues are to be tried;

(f)

direct a separate trial of any issue;

(g)

try two or more claims on the same occasion;

(h)

direct that part of any proceedings (such as a counterclaim or other ancillary claim) be dealt with as separate proceedings;

(i)

dismiss or give judgment on a claim after a decision on a preliminary issue;

(j)

exclude an issue from determination if it can do substantive justice between the parties on the other issues and determining it would therefore serve no worthwhile purpose;

(k)

require the maker of an affidavit or witness statement to attend for cross-examination;

(l)

require any party or a party's counsel and attorney to attend the Court;

(m)

deal with a matter without the attendance of any party in accordance with O. 32 r.5;

(n)

hold a hearing and receive evidence by telephone or other electronic means or use any other method of direct communication:

Provided that where evidence is received by telephone or other electronic means, all persons participating must be able to hear each other and to identify each other so far as is practicable;

(o)

instead of holding an oral hearing, deal with a matter on written representations submitted by the parties;

(p)

direct that any evidence be given in written form;

(q)

where two or more parties are represented by the same counsel and attorney -

(i)

direct that they be separately represented; and

(ii)

if necessary, adjourn any hearing to a fixed date to enable separate representation to be arranged;

(r)

direct that notice of any proceedings or application be given to any person; or

(s)

take any other step, give any other direction or make any other order for the purpose of managing the case and ensuring the just resolution of the case.

(3)

When the Court makes an order or gives a direction, the Court may -

(a)

make the order or give a direction subject to conditions; and

(b)

specify the consequence of failure to comply with the order or condition.

(4)

The conditions which the Court may impose are -

(a)

requiring a party to give security;

(b)

requiring a party to give an undertaking;

(c)

requiring the payment of money into Court or as the Court may direct;

(d)

requiring a party to pay all or part of the costs of the proceedings; and

(e)

requiring a party to permit entry at a reasonable time to property owned or occupied by that party to another party or someone acting on behalf of the other party.

(5)

Where a party pays money into Court following an order under paragraphs (3) and (4) (c), that money shall be security for any sum payable by that party to another party in the proceedings subject to the right of a defendant to treat all or part of any money paid into Court as a payment in support of an offer to settle.

(6)

In considering whether to make an order, the Court may take into account whether a party is prepared to give an undertaking.

(7)

A power of the Court under these Rules to make an order includes a power to vary or revoke that order.

(8)

Where it is considered to be in the interest of justice, the Court may on its own motion dispense with compliance with any of the rules in this Order.

19.(1)

Except where a rule or other enactment provides otherwise, the Court may exercise its powers on an application or of its own initiative.

Court's power to make orders of its own initiative (O.31A, r.19).

(2)

Where the Court proposes to make an order of its own initiative it must give any party likely to be affected a reasonable opportunity to make representations.

(3)

Such opportunity to make representations may be made orally, in writing, by telephone or by such other means as the Court considers reasonable.

(4)

Where the Court proposes -

(a)

to make an order of its own initiative; and

(b)

to hold a hearing to decide whether to do so,

the Registrar must give each party likely to be affected by the order at least 7 days notice of the date, time and place of the hearing.

20.(1)

In addition to any other powers under these Rules, the Court may strike out a pleading or part of a pleading if it appears to the Court -

Grounds for striking out pleading (O.31A, r.20).

(a)

that there has been a failure to comply with a rule or practice direction or with an order or direction given by the Court in the proceedings;

(b)

that the pleading or the part to be struck out is an abuse of the process of the Court or is likely to obstruct the just disposal of the proceedings;

(c)

that the pleading or the part to be struck out discloses no reasonable grounds for bringing or defending a claim; or

(d)

that the pleading or the part to be struck out is prolix or does not comply with the requirements of any rule.

(2)

Where -

(a)

the Court has struck out a plaintiff's pleading;

(b)

the plaintiff is ordered to pay costs to the defendant; and

(c)

before those costs are paid, the plaintiff starts another claim against the same defendant based on the same or substantially the same facts,

the Court may on the application of the defendant stay the subsequent claim until the costs of the first claim have been paid.

21.(1)

Where a party has failed to comply with any of these Rules or any Court order in respect of which no sanction for non-compliance has been imposed, any other party may apply to the the Court for an unless order as defined in paragraph (7).

Court's power to strike out pleading (O.31A, r. 21).

(2)

An application under paragraph (1) may be made without notice but must be accompanied by -

(a)

evidence on affidavit which -

(i)

identifies the rule or order which has not been complied with;

(ii)

states the nature of the breach; and

(iii)

certifies that the other party is in default; and

(b)

a draft order.

(3)

The judge or Registrar may -

(a)

grant the application;

(b)

seek the views of the other party; or

(c)

direct that a date be fixed to consider the application.

(4)

Where a date is fixed under paragraph (3)(c), the applicant must give not less than 7 days notice of the date, time and place of such date to all parties.

(5)

The party in default should be ordered to pay the costs of such an application.

(6)

Where the defaulting party fails to comply with the terms of any unless order made by the Court that party's pleading shall be struck out.

(7)

In this rule and in this Order, an unless order is an order which identifies the breach and require the party in default to remedy the default by a specified date.

(8)

Rule 26 shall not apply to this rule.

22.(1)

This rule applies where the Court makes an order which includes a term that the pleading of a party be struck out if the party does not comply with the unless order.

Judgment without trial after striking out (O.31A, r.22).

(2)

Where a striking out order was made, any other party may ask for judgment to be entered and for costs.

(3)

A party may obtain judgment under this rule by filing a request for judgment.

(4)

The request must -

(a)

prove service of the striking out order;

(b)

certify that the right to enter judgment has arisen; and

(c)

state the facts which entitle the party to judgment.

(5)

Where the party applying for judgment is the plaintiff and the claim is for -

(a)

a specified sum of money;

(b)

an amount of money to be decided by the Court;

(c)

delivery of goods where the claim gives the defendant the alternative of paying their value; or

(d)

any combination of these remedies,

judgment shall be in accordance with the terms of the particulars of the claim together with any interest and costs after giving credit for any payment that may have been made.

(6)

Where the party applying for judgment is the plaintiff and the claim is for some other remedy, the judgment shall be such as the Court considers that the plaintiff is entitled to.

(7)

Where a defendant seeks to obtain judgment on the claim, judgment shall be for costs to be taxed.

(8)

Where a decision of the Court is necessary in order to decide the terms of the judgment the party making the request must apply for directions.

23.(1)

A party against whom the Court has entered judgment under rule 22 when the right to enter judgment had not arisen, may apply to the Court to set it aside.

Setting aside judgment entered after striking out (O.31A, r.23).

(2)

An application under paragraph (1) must be made not more than 14 days after the order for judgment has been served on the party making the application.

(3)

Where the right to enter judgment had not arisen at the time when judgment was entered, the Court must set aside judgment.

(4)

Where the application to set aside is made for any other reason, rule 25 (relief from sanctions) applies.

24.(1)

Where the Court makes an order or gives directions the Court may whenever practicable also specify the consequences of failure to comply.

Sanctions to have effect unless defaulting party obtains relief (O.31A, r.24).

(2)

Where a party has failed to comply with -

(a)

any of these Rules,

(b)

a direction or any order, any sanction for non-compliance imposed by the rule, shall have effect unless the party in default applies for and obtains relief from the sanction, and in such case rule 26 shall not apply.

(3)

Where a rule, practice direction or order -

(a)

requires a party to do something by a specified date; and

(b)

specifies the consequences of failure to comply,

the time for doing the act in question may not be extended by agreement between the parties.

25.(1)

An application for relief from any sanction imposed for a failure to comply with any rule, order or direction must be -

Application for relief from sanctions (O.31A, r.25).

(a)

made promptly; and

(b)

supported by evidence on affidavit.

(2)

The Court may grant relief only if it is satisfied that -

(a)

the failure to comply was not intentional;

(b)

there is a good explanation for the failure; and

(c)

the party in default has generally complied with all other relevant rules, practice directions, orders and directions.

(3)

In considering whether to grant relief, the Court must have regard to -

(a)

the interests of the administration of justice;

(b)

whether the failure to comply was due to the party or that party's counsel and attorney;

(c)

whether the failure to comply has been or can be remedied within a reasonable time;

(d)

whether the trial date or any likely trial date can still be met if relief is granted; and

(e)

the effect which the granting of relief or not would have on each party.

(4)

The Court may not order the respondent to pay the applicant's costs in relation to any application for relief unless exceptional circumstances are shown.

26.(1)

This rule applies only where the consequence of failure to comply with a rule, practice direction or Court order has not been specified by any rule, practice direction or Court order.

General power of the Court to rectify matters where there has been a procedural error (O.31A, r.26).

(2)

An error of procedure or failure to comply with a rule, practice direction or Court order does not invalidate any step taken in the proceedings, unless the Court so orders.

(3)

Where there has been an error of procedure or failure to comply with a rule, practice direction, Court order or direction, the Court may make such order as it deems necessary.

(4)

The Court may make such an order on or without an application by a party.

PART V

PRE-TRIAL REVIEW

27.

This Part deals with the pre-trial review which is to be held shortly before trial if the Court so orders.

Scope of this Part (O.31A, r.27).

28.(1)

At any case management conference and at any subsequent hearing in the proceedings 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 proceedings.

Direction for pre-trial review (O.31A, r.28).

(2)

A party may apply for a direction that a pre-trial review be held.

(3)

An application for a pre-trial review must be made not less than 60 days before the trial date or the beginning of any trial period fixed under rule 9 (2) (d) or 13(5).

(4)

The Registrar must give each party not less than 14 days notice of the date, time and place for the pre-trial review.

(5)

The costs incurred in attending a pre-trial review are costs in the cause.

(6)

The Court may make some other order where the pre-trial review has to be adjourned due to the failure of one or more parties to -

(a)

attend the hearing; or

(b)

co-operate fully in achieving the objective of the pre-trial review.

29.(1)

The parties must seek to agree and file at the Registry a pre-trial memorandum not less than 7 days before the date fixed for the pre-trial review.

Parties to prepare pre-trial memorandum (O.31A, r.29).

(2)

Where the parties are not able to agree to such 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.

(3)

A pre-trial memorandum shall contain -

(a)

a concise statement of the nature of the proceedings,

(b)

details of any admissions made;

(c)

the factual and legal contentions of the party or parties filing it; and

(d)

a statement of the issues to be determined at the trial.

(4)

The pre-trial memorandum must be accompanied by a copy of such documents that are intended to be used at trial which may be of assistance in settling the claim.

30.(1)

At the pre-trial review the Court must give directions as to the conduct of the trial in order to ensure the fair, expeditious and economic trial of the issues.

Directions at pre-trial review (O.31A, r.30).

(2)

In particular the Court may -

(a)

direct either party to provide further information to the other party;

(b)

give directions for the filing by each party and service on all other parties of one or more of -

(i)

a skeleton argument;

(ii)

a chronology of relevant events;

(iii)

a summary of any legal propositions to be relied on at the trial; and

(iv)

a list of authorities which it is proposed to cite in support of those propositions;

(c)

direct the parties jointly to prepare one or more of -

(i)

a core bundle of documents (that is, a bundle containing only such documents which the trial judge will need to review or to which it will be necessary to refer repeatedly at the trial);

(ii)

an agreed statement of facts;

(iii)

an agreed statement of the basic technical, scientific or medical matters in issue; and

(iv)

an agreed statement as to any relevant specialist area of law, which statement shall not be binding on the trial judge;

(d)

direct when and by whom the documents listed in paragraph (c) should be filed at the Court;

(e)

give directions as to the extent to which evidence may be given in written form;

(f)

direct the time to be allocated to opening and closing addresses;

(g)

decide on the total time to be allowed for the trial; and

(h)

direct how that time shall be allocated between the parties.

PART VI

MISCELLANEOUS

31.

Where the rules of this Order conflict with the rules of any other Order, these Rules shall prevail.

Rules to prevail (O.31A, r.31).

(rule 16)

SCHEDULE

LISTING QUESTIONNAIRE

	IN THE SUPREME COURT
	CLAIM NO.
BETWEEN
		PLAINTIFF
AND
		DEFENDANT

WARNING : This is an important document. This information is required by the Court to list your case accurately. Inaccurate information may lead to a waste of the Court's time and delay to other Court cases. Failure to return the form to the Registry within FOURTEEN (14) DAYS or to complete it fully will lead to a Listing Hearing being fixed. You may have to pay the costs of this hearing.

1.	Have all the directions given by the Court been carried out ?
2.	If not, which directions have not been carried out ?
	Disclosure of documents		YES/NO
	Inspection of Documents		YES/NO
	Service of Witness Statements		YES/NO
	Service of Expert Reports		YES/NO
	Other (state which) ..........................................................
3.	Why have all of the directions given by the Court not been carried out ?
4.	When can the directions given by the Court be complied with ?
5.	Will any application for relief be made by you ?
6.	Has alternative dispute resolution been tried ?
7.	If the answer to question 6 is no, why not ?
8.	How many witnesses do you intend to call ?	..........................................
9.	What is your present estimate for trial length ?	.......................... hours/days
10.	Please give names, addresses and telephone numbers of any expert witness whom you intend to call to give oral evidence.
11.	Please state the name of the Counsel and Attorney who has conduct of this matter and give his direct telephone number or fax number.

Dated the

day of

, 20

Signed ...............................................................
Counsel and Attorney for the
Plaintiff/Defendant

This form must be returned to the Registry within 14 days [by]

Filed by (specify name and address of Counsel and Attorney or firm of Counsel and Attorneys filing the document).”.

Made this 2nd day of June, 2004.

Signed

BURTON P.C. HALL

Chief Justice

Chairman - Rules Committee


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