Once pleadings are closed under Order 2 rule 13, the parties are supposed to complete, file and serve pre-trial questionnaire appearing in Appendix B. Within 30 days after close of the pleadings the court convenes a Case Conference. Parties are expected to make sure that they have filed in the pre-trial questionnaire before the court convenes a Case Conference. After the case conference, case conference order in terms of Appendix C is made. Within 60 days of Case Conference in case of fast track cases and 90 days in multi-track cases, the court convenes a settlement conference. This is meant to explore avenues for settlement of either the issues or the suit. Seven days before the settlement conference, parties are to prepare and exchange a Settlement Conference Brief which contains summary of the facts including issues and admissions, summary of the law to be relied upon, final list of witnesses and statements and expert reports and relevant portions of the documents to be relied upon. 30 days before the hearing, a Trial Conference is to be convened by the court to plan trial time, explore expeditious ways of introducing evidence, amend pleadings, deal with admissions, allow adduction of affidavit evidence, make orders for commissions, expert evidence, ADR etc. At the end of Trial Conference the parties sign a memorandum in Appendix E and the court proceeds to make orders necessary for the conduct of the suit. The Parties are bound by the memorandum signed herein unless the court decides otherwise. In the meantime and at least 10 days before the trial parties were expected to have completed, filed and exchanged trial conference questionnaire form in Appendix D. To implement this order the Chief Justice is empowered to appoint Case Management Judges and Case Managers as he deem necessary. It is important that the failure to adhere to the provisions of this order may invite sanctions and penalties.
Labels: Civil Procedure