Part 40
Trial
Contents of this Part
Documents for use at Trial Rule 40.1
Failure of a party to attend the trial Rule 40.2
Applications to set aside judgments given in the absence of a
party Rule 40.3
Adjournment of Trial Rule 40.4
Inspection Rule 40.5
Powers of Judge to summons witness Rule 40.6
Documents for use at trial
40.1 (1) At least 21 days before the date fixed for hearing all parties
must inform the claimant of the documents that they
wish to have included in the bundle of documents to be
used to the trial.
(2) The claimant must prepare a bundle of all the documents
which any party wishes to make use of at the trial.
(3) The bundles should separate documents which are agreed
and those which are not agreed.
(4) The claimant shall paginate and index the bundle of
documents.
(5) At least 10 days before the date fixed for hearing the
claimant must file at the court -
(a) a bundle comprising copies of
(i) any Legal Aid Certificate; and
(ii) the claim form; and
(iii) all statements of case, including
counterclaims, defences to counterclaim and
ancillary claims and defences; and
(iv) Any requests for information and the replies;
and
(b) a second bundle comprising copies of
(i) All witness statements; and
(ii) All expert reports; and
(c) a third bundle comprising the documents referred to
in paragraph (2); and
(d) if the bundle prepares under paragraph (2) exceeds
100 pages of documents, a core bundle
Failure of a party to attend the trial
40.2 (1) If neither party appear at the trial the judge shall strike out
the claim.
(2) If only one party appears the judge may proceed in the
absence of the other.
Application to Set Aside judgment given in party's absence
40.3 (1) A party who was not present at a trial at which judgment
was given or the claim struck out in his absence may apply
to set aside that order.
(2) The application must be made within 7 days after the date
on which the judgment was served on the applicant.
(3) The application to set aside the order must be supported by
evidence showing -
(a) a good reason for failing to attend the hearing; and
(b) that it is likely that had the applicant attended some
other judgment might have been given.
Adjournment of Trial
40.4 (1) The judge may adjourn a trial on such terms as he thinks just.
(2) The judge may only adjourn a trial to a date and time fixed
by him or to be fixed by the court.
Inspection
40.5 The judge trying a claim may inspect any place or thing that may be
relevant to any issue in the claim.
Powers of the judge to summons a witness
40.6 (1) The judge may -
(b) require the production of documents or things at the trial
(c) question any party or witness at such the trial.
(2) The judge may examine a party or witness -
(a) orally, or
(b) by putting written questions to him and asking him to give written answers to the questions.
3) Any party may then cross examine the witness.