Article 25 Arrangements for trial

After Order 17, rule 11, there shall be inserted the following new rule–

“Arrangements for trial

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(1)

This rule applies, subject to any order of the court, where a day has been fixed for the hearing of an action or matter–

(a)

to which rule 11 applies; or

(b)

in which a pre-trial review has been held.

(2)

At least 14 days before the day fixed for the hearing the defendant shall inform the plaintiff of the documents which he wishes to have included in the bundle to be provided under paragraph (3).

(3)

At least 7 days before the day fixed for the hearing the plaintiff shall file one copy of a paginated and indexed bundle comprising the documents on which either of the parties intends to rely or which either party wishes to have before the court at the hearing together with two copies of each of the following documents–

(a)

any request for particulars and the particulars given, and any answer to interrogatories,

(b)

witness statements which have been exchanged, and experts' reports which have been disclosed, together with an indication of whether the contents of such documents are agreed,

(c)

the requisite legal aid documents.

(4)

Nothing in this rule shall–

(a)

prevent the court from giving, whether before or after the documents have been filed, such further or different directions as to the documents to be filed as may, in the circumstances, be appropriate; or

(b)

prevent the making of an order for the transfer of the proceedings to the High Court or to another county court.

(5)

For the purposes of this rule–

(a)

“plaintiff” includes a defendant where an action is proceeding on a counterclaim;

(b)

“the requisite legal aid documents” means any documents which are required by regulations made under Part IV of the Legal Aid Act 1988^f1 to be included in the papers for the use of the court.”.