HC Pre-Trial
There may be interlocutory pre-trial applications in the High Court as with other courts. Most applications are on notice.
An ex-parte application is made by one party by lodging an ex-parte docket with an affidavit. It may be, and they would be dealt with without hearing.
Applications are listed before the master for hearing. They include applications such as for, or particular discovery. The rules compel automatic discovery of documents in the possession, custody of power of the parties relating to matters in question in the action.
In non-road traffic cases, parties must exchange lists of relevant documents within 14 days after close of pleadings. An application may be made to the Master to compel general discovery or discovery of particular documents.
The Master may compel inspection of documents.
Notice for particulars of matters in this pleading may be requested. In default the court may order a party to serve on the other party, particulars of any claim, defence and other matters stated in his pleading. The subject matter will generally be requested by letter, by consent in the first instance.
There are provisions in the rules for an application to be made to remit a case to a more appropriate court. An application may be made to the Master for remission action to the County Court. Similarly and an application may be made in the County Court to remit a matter to the High Court.
Where the plaintiff alleges there is no real defence, an application could be made for an order that the matter be disposed of without an oral hearing.
In a claim for debt or damages, the defendant may make a lodgement. In some cases, the lodgement must be made before the completion of pleadings.
In personal injury claims where medical evidence is disclosed, it may be made up to 14 weeks from the date of pleadings. The court may give leave to the defendant make a lodgement at a time later than that in the rules.
The lodgement is made by serving a prescribed notice. Until close of pleadings, the defendant may increase the lodgement and after that increases may only be made with the content of court.
Where a lodgement is accepted, the plaintiff is only entitled to his cost up to receipt of notice of payments. If the lodgement is not accepted, the plaintiff will not generally receive cost in respect to the period after the lodgement the award does not exceed the amount lodged. However, the matter is at the discretion of the court.
The court rules state what type of evidence may be called at trial, and it must be disclosed prior to trial. In personal injury cases, for example, the plaintiff must serve medical evidence substantiating the personal injuries with the statement of claim.
Where medical evidence is proposed at trial , all relevant medical evidence from medical experts must be disclosed within 10 weeks of close of proceedings or within 21 days of later receipt. Unless the court otherwise orders each party is restricted to calling two medical experts to give oral evidence.
No plan, drawing or photograph is admissible as evidence unless the other party has had a chance to inspect it and agrees to its admission without proof at least three weeks before commencement of trial.
A notice to admit authenticity may be served. The other party must object within 21 days, if they do not set the authenticity of the documents.
Costs are generally awarded at the discretion of the court. The general principle is that costs follow the award. However, the judge has the discretion to award costs otherwise.
In contrast, the County Court scale of costs do not generally apply. However, informal scales are applied. In the absence of agreement of cost, the matter is assessed by the Taxing Master.