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Order For Trial And Copy Documents
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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