Order 12 — Pre-trial Conference

(1) Any party on whom a statement of facts or complaint has been served may respond to that statement of facts or complaint which must with the modifications required by the context of the statement of facts or complaint contain the same information required by Order 3 Rule 1 of these Rules.

(2) The response must be filed not later than fourteen (14) days after service of the statement of claim or complaint.

(1) When a response is filed, the Court may suo motu order or the parties to the proceedings on their own volition may hold a pre-trial conference in accordance with the provisions of sub-rule 2 of this rule.

(2) Where parties in a matter before the Court have joined issues, either the Claimant/Applicant or Defendant/Respondent may initiate the holding of a pre-trial conference within fourteen (14) days of joining issues.

(3) Where either of the parties fails or refuses to initiate a pre-trial conference as required by sub-rule 2 of this Rule, the Court may order that a pre-trial conference be held within such specified time as the Court may deem proper.

(4)(a) Parties or their counsel shall reach a consensus on the date, time and venue for the holding of the pre-trial conference.
(b) Where the Court orders a pre-trial conference, the Registrar, shall inform the parties in the matter of the date, time and venue for the conference.

(5) At the pre-trial conference, the parties shall attempt to reach a consensus on the following:
(a) the means by which the dispute may be settled;
(b) facts that are common to the cause of action;
(c) facts that are contentious in the dispute;
(d) the issues that the Court may be required to decide;
(e) the precise relief claimed and if compensation is claimed, the amount of the compensation and how it is calculated;
(f) discovery and the exchange of documents, and the preparation of a paginated bundle of documentation in chronological order;
(g) the manner in which documentary evidence is to be dealt with, including any agreement on the status of documents and whether documents, or parts of documents, will serve as evidence of what they purport to be;
(h) whether evidence on affidavit will be admitted with or without the right in any party to cross-examine the deponent;
(i) the necessity for any party on-the-spot inspection or workplace visit;
(j) securing the presence of any witness in Court;
(k) the resolution of any preliminary points that are intended to be taken;
(l) expert witness, if necessary;
(m) any other means by which the proceedings may be shortened;
(n) an estimate of the time required for hearing;
(o) whether an interpreter is required and if so in which language(s).

Where the parties or their counsel are unable to settle the matter at the pre-trial conference, the parties must draw up and sign a minute dealing with the matters set out in Rule 2 (5) of this Order.

The party initiating the pre-trial conference must ensure that a copy of the report of the pre-trial conference is filed within seven (7) days of the conclusion of the pre-trial conference.

(1) Where a report of a pre-trial conference is delivered within or out of the allowed time, whichever comes first, the Registrar shall remit the file of the matter to the President of the Court or a Judge of the Court for directions.

(2) The President of the Court may:
(a) if he is satisfied that the matter is ripe for hearing direct the Registrar to list the matter for hearing;
(b) assign the matter to a Judge for hearing and determination in accordance with the Rules of the Court;
(c) direct the parties to convene a further pre-trial conference at a date, time and place (venue) fixed by the Court.

Where any of the parties fails to attend a court-ordered pre-trial conference or fails to comply with any direction issued by the President of the Court or a Judge of the Court, the matter may be set down for hearing on the direction of the President of the Court or a Judge of the Court.

(1) Where any direction or order given by the Court in a referral has been satisfied, the President of the Court may direct that the matter be listed for hearing.

(2) Where directions have been given for the hearing of a matter, the Registrar shall list the matter; notify the parties of the date, time and the Judicial Division for hearing.