On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/05/2013.
8.
—(1) When the pleadings in any action to which this Rule applies are deemed to be closed, the following directions shall take effect automatically:
(a)
there shall be discovery of documents within 14 days in accordance with Order 24 and inspection within 7 days thereafter, except that where liability is admitted, discovery shall be limited to discovery by the plaintiff of any document relating to damages;
(b)
subject to paragraph (3) where any party intends to place reliance at the trial on expert evidence, he shall, within 4 months, disclose the substance of that evidence to the other parties in the form of a written report, which shall be agreed if possible;
(c)
where any party intends to call any witness at the trial for the purpose of proving any photograph, sketch plan, or model or the condition of a vehicle or the maintenance or operation of traffic lights or any other evidence of a formal nature, he shall, within 4 months, disclose the evidence thereof to the other parties;
(d)
photographs, sketch plans, models and the contents of any police accident report shall be agreed if possible;
(e)
subject to sub-paragraphs (b) and (c), the parties shall, within 4 months, exchange, without filing, affidavits of the evidence-in-chief of all witnesses except any witness referred to in sub-paragraphs (b) and (c), and the plaintiff shall, within 7 days after the exchange of affidavits of evidence-in-chief, file a certificate in Form 45A, signed by all parties to the action or their solicitors, to the effect that all affidavits of evidence-in-chief of witnesses required to be exchanged pursuant to this Order have been so exchanged;
(f)
the evidence-in-chief of all witnesses shall be limited to one affidavit for each witness;
[S 637/2006 wef 01/01/2007]
(g)
the number of witnesses shall be limited in any case to those who have deposed their evidence-in-chief by way of affidavit;
[S 637/2006 wef 01/01/2007]
(h)
the action shall be set down within 6 months;
(i)
the Court shall be notified, on setting down, of the estimated length of trial; and
(j)
the party setting down the action shall certify that the provisions of this Rule have been complied with.
(2) Nothing in paragraph (1) shall require a party to produce a further medical report if he proposes to rely at the trial only on the report provided pursuant to Order 18, Rule 12(1A) or (1B) but, where a party claiming damages for personal injuries discloses a further report, that report shall be accompanied by a statement of the special damages claimed and, in this paragraph, “a statement of the special damages claimed” has the same meaning as in Order 18, Rule 12(1C).
(3) Where paragraph (1)(b) applies to more than one party, the reports shall be disclosed by mutual exchange, medical for medical and non-medical for non-medical, within the time provided or as soon thereafter as the reports on each side are available.
(4) Nothing in paragraph (1) shall prevent any party to an action to which this Rule applies from applying to the Court for such further or different directions or orders as may, in the circumstances, be appropriate.
(5) For the purpose of this Rule documents relating to special damages include documents relating to any industrial disablement or sickness benefit rights, and where the claim is made under section 20 of the Civil Law Act (Chapter 43), include documents relating to any claim for dependency on the deceased.
(6) This Rule shall apply to —
(a)
any action for personal injuries except —
(i)
any admiralty action; and
(ii)
any action where the pleadings contain an allegation of a negligent act or omission in the course of medical or dental treatment; and
(b)
any action arising out of an accident on land due to a collision or an apprehended collision, except non-injury motor accident actions as defined in Order 59, Appendix 2 Part V, filed in the Subordinate Courts.
(7) This Rule shall not apply to actions in which any party has applied for judgment under Order 14.