Pre-Trial Directions and Conferences Order 11

Order 11 applies to all claims other than small claims as defined under Order 3(1). The aim is to deal with preliminary issues well in advance so that the trial once commenced must proceed on a day to day basis without unnecessary interruptions. Time allocation is dealt with at this stage. At this stage the following actions are undertaken: the court ensures that documents have been exchanged; court fees have been paid in full; that the defendant has filed list of witnesses and statements and that the affidavit verifying the counterclaim and copies of the documents to be relied on have been filed  as required under Order 7 rule 5; issues are identified; timetable for hearing is made; consolidation of suits, if necessary is done; change of track is dealt with; test suits are identified; filing of particulars is done; interlocutory applications are disposed of; admission of statements is undertaken; discovery, inspection, interrogatories are done; issuance of commissions is done; Alternative Dispute Resolution mechanisms are explored and resorted to; striking out of pleadings can also be done at this stage;  and the time table for hearing can be amended.


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