On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 01/05/2013.
ORDER 34
SETTING DOWN FOR
TRIAL OF ACTION BEGUN BY WRIT
TRIAL OF ACTION BEGUN BY WRIT
1. This Order applies to actions begun by writ and, accordingly, reference in this Order to an action shall be construed as references to an action so begun.
2.
—(1) Every order made on a summons for directions shall fix a period within which the plaintiff is to set down the action for trial and must contain an estimate of the length of the trial and specify the number of witnesses, if any.
(2) Where the plaintiff does not, within the period fixed under paragraph (1), set down for trial, the defendant may set the action down for trial or may apply to the Court to dismiss the action for want of prosecution and, on the hearing of any such application, the Court may order the action to be dismissed accordingly or may make such order as it thinks just.
(3) An action set down for trial must contain an estimate of the length of the trial and specify the number of witnesses (if any) and shall, subject to any directions under Rule 4, specify the list in which the action is to be put.
3.
—(1) The party setting down an action for trial must file with the Registrar a notice for setting down an action for trial in Form 61 together with a bundle for the use of the Judge consisting of one copy of each of the following documents:
(a)
the writ;
(b)
the pleadings (including any affidavits ordered to stand as pleadings), any notice or order for particulars and the particulars given; and
(c)
all orders made on the summons for directions.
[S 637/2006 wef 01/01/2007]
(d)
[Deleted by S 637/2006 wef 01/01/2007]
(2) The bundle must be bound up in the proper chronological order and have endorsed thereon the names, addresses and telephone numbers of the solicitors for the parties or, in the case of a party who has no solicitor, of the party himself.
(3) The notice for setting down an action for trial must be served on all other parties to the action within 24 hours from the time that the notice is filed.
3A.
—(1) The following documents must be filed not less than 5 days before the trial of an action:
(a)
the originals of the affidavit of the evidence-in-chief of all witnesses;
(b)
a bundle of all documents that will be relied on or referred to in the course of the trial by any party, including any documents that are exhibited to the affidavits of the evidence-in-chief of all witnesses; and
(c)
where the trial is in the High Court, opening statements of all parties as may be prescribed in any practice directions for the time being issued by the Registrar.
(2) Each party shall file the affidavits of the evidence-in-chief of that party’s witnesses.
(3) The contents of the bundle of the documents referred to in paragraph (1)(b) shall be agreed on between all parties as far as possible and this bundle of agreed documents shall be filed by the plaintiff.
(4) If the parties are unable to agree on the inclusion of certain documents, those documents on which agreement cannot be reached shall be included in separate bundles, and each such bundle shall be filed by the party that intends to rely on or refer to the documents in that bundle at the same time as the bundle of documents referred to in paragraph (1)(b).
(5) The documents contained in bundles must be arranged chronologically or in some logical order and must be paginated.
(6) Care must be taken to avoid duplication within the same bundle.
(7) The contents and format of every bundle of documents filed in pursuance of this Rule shall comply with the requirements laid down in any practice directions for the time being issued by the Registrar.
(8) Any party may apply at any time to the Registrar for directions as to the filing, bundling and organisation of documents intended to be used at the trial of the action, and, on such application, the Registrar may make such order or give such direction as he thinks is necessary to achieve the just, expeditious and economical conduct of the trial of the action.
4. Nothing in this Order shall prejudice any power of the Chief Justice or the Chief District Judge, as the case may be, to give directions —
(a)
specifying the lists in which actions, or actions of any class or description, are to be set down for trial and providing for the keeping and publication of the lists;
(b)
providing for the determination of a date for the trial of any action which has been set down or a date before which the trial thereof is not to take place; and
(c)
as to the making of applications (whether to a Court or a Judge or the Registrar) to fix, vacate or alter any such date, and, in particular, requiring any such application to be supported by an estimate of the length of the trial and any other relevant information.
[S 378/2010 wef 17/02/2010]
5. It shall be the duty of all parties to an action entered in any list to furnish without delay to the Registrar all available information as to the action being or being likely to be settled, or affecting the estimated length of the trial, and, if the action is settled or withdrawn, to notify the Registrar of the fact without delay.
6. Where after an action has been set down for trial the action becomes abated, or the interest or liability of any party to the action is assigned or transmitted to or devolves on some other person, the solicitor for the plaintiff or other party having the conduct of the action must, as soon as practicable after becoming aware of it, certify the abatement or change of interest or liability and send the certificate to the Registrar.
[S 637/2006 wef 01/01/2007]