SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT

1. This Order applies to actions begun by writ and, accordingly, references in this Order to an action shall be construed as references to an action so begun.

2. (1) Every order made in an action which provided for trial before a Judge shall, whenever the trial is to take place, fix a period within which the plaintiff is to set down the action for trial.

(2) Where the plaintiff does not, within the period fixed under paragraph (1), set the action 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) Every order made in the an action which provides for trial before a Judge shall contain an estimate of the length of the trial.

3. (1) In order to set down for trial an action which is to be tried before the Judge, the party setting it down must deliver to the proper officer, by post or otherwise, a request that the action may be set down for trial at the place specified in the order made on the summons for directions together with a copy of the pleadings to complete the record and a bundle which shall be for the use of the Judge consisting of one copy of each of the following documents that is to say:-

(2) The said bundle must be bound up in the proper chronological order.

(3) In this rule "the requisite poor person’s document" means a certificate complying on the face of it with the requirements of rule 2 of Order 76 and purporting to be signed as provided by that rule.

(4) Where a new trial becomes necessary in the case of any action, the procedure for setting down the action for the new trial shall be that specified in the foregoing provision except that the party setting down the action need not deliver a copy of the pleadings, if the pleadings have not been amended nor deliver a bundle for the Judge where there has been no alteration of or addition to the documents that comprised the bundle delivered when the action was last set down.

(5) In this rule "the proper officer" means in relation to an action which is to be tried in-

4. (1) The Chief Justice may give directions-

(2) Any directions given under paragraph (1)(d) may provide for the delegation to some other person designated in the direction of any of the functions conferred on the Judge having charge of the lists as the direction may specify.

5. (1) At each place at which sittings of the High Court are held, the proper officer shall keep the lists, prepared in accordance with the directions of the Chief Justice, of the actions for the time being set down for trial before a Judge at that place.

(2) Subject to any directions given by the Chief Justice, to the following provisions of this rule and to Order 35, rule 3, the actions set down for trial at each place at which sittings of the High Court are held shall be included in the list of actions for trial at that place in the order in which they were respectively set down and shall come on for trial as nearly as may be in that order.

(3) Paragraph (2) shall have effect, subject to any order of the Court made on the summons for directions or otherwise, that a particular action shall come on for trial with or immediately after another named action.

(4) Where an action set down for trial at San Fernando or Scarborough is removed therefrom and set down for trial at Port of Spain or an action set down for trial at Port of Spain is removed therefrom and set down for trial at San Fernando or Scarborough, it shall be treated for the purposes of this rule as having been set down for trial at the place to which it has been removed on the date on which it was first set down for trial elsewhere.

(5) In this rule "the proper officer" means in relation to a sitting of the High Court held in:-

6. (1) A party to an action who sets it down for trial must, within 72 hours after doing so, notify in writing the other parties to the action that he has done so and must also, without delay, notify them in writing of any communication received by him from the officer who keeps the list as to the date fixed for the trial of the action or the date before which the action will not be tried, but, save as aforesaid, no notice of trial shall be necessary in any action.

(2) It shall be the duty of all parties to an action entered in any list to furnish without delay to the officer who keeps the list 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 that officer of the fact without delay and take such steps as may be necessary to withdraw the record.

7. (1) 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 proper officer and that officer shall in accordance with any instructions given by the Judge in charge of the list make appropriate entry in the list, if any, of actions set down for trial.

(2) Where in any such list an action stands for one year marked as abated or ordered to stand over generally, the action shall on the expiration of that year be struck out of the list unless in the case of an action ordered to stand over generally, the order otherwise provides.