Practice Direction No. 8

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Order For Trial And Copy Documents

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1.      An action will be placed in the list of actions awaiting a date for trial upon the order of the Court that the matter proceed to trial.

 

2.      Copy documents for the use of the trial Judge shall be lodged, as ordered by the Court.  Such order will normally be made at the Case Evaluation Conference.  In the event that no order is made, copy documents shall be lodged at least 7 days before the date fixed for the first Pre Trial Conference (74A.07(1)). Rule 74A.07(2) prescribes the documents to be included and the method of resolving any dispute relating thereto.  The copy documents for the use of the trial Judge should contain only documents which are relevant and none that are not (see Rule 74A.07).  Normally in an ordinary civil action, the appearance, applications, orders not required to be drawn up, affidavits, interrogatories and answers should not be included.  Where a third party notice has been issued, the third party notice, order with third party directions (if drawn up) and third party pleadings must be included.  In cases where contribution notices have been exchanged, the contribution notices and any pleadings in relation thereto must also be included.  Offers to consent to judgment and notices of payment into Court should never be included, except in cases under Section 10 of the Wrongs Act or where tender before action is pleaded.

          In the case of special Act applications directions should be sought as to the content of copy documents at the time of them being ordered by the Court.

 

DATED the 1st day of July, 1999.

 

 

                                                                            (Peter Washington)

                                                                            ACTING REGISTRAR

 

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