CIVIL PROCEDURE A

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Pre Trial Proceedings

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introduction
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Between litis contestatio and trial is a period were various pre trial procedures take place. are: - Set down of the matter - Discovery - Inspections - Pre trial conferences
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purpose
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The following are purposes of pre trial procedures:

- to further delimit the issues in dispute - to facilitate settlement of issues

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Discovery
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Means by which each party can compel the other to reveal the documentary evidence which he has in his possession or under his control, which relate to the action and which he intends to use in the action or which tend to prove or disprove either partys case.
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Procedure for Discovery

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A party can call for discovery by sending written notice requiring a party to discover documents within 20 days. The notice calls for a party to discover documents and recordings, not being privileged which will be used at trial. May also require a party to allow
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Procedure for Discovery

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A party makes discovery be delivering an affidavit which specifies (23(2)(a)):

- documents or recording which are in his possession that will be used at trial, - documents and recordings that he has, and 1/17/13

Consequences
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Discovery not always necessary. Party who has discovered will not be able adduce evidence that was not discovered. Where a party is requested to discover but fails to do so, you can apply for them to be compelled to do so at trial.
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inspections
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Rule 24 allows the following: - medical examinations - inspection of things - expert testimony - presentation of evidence of plan, diagram, model or photo.
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Pre trial conference

Mag Court (Rule 25)
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A party can send a written request to the clerk requesting a pre-trial conference. Notice must specify the general nature of issues to be discussed at the conference. Notice is placed before a magistrate who decides to call the pre-trial conference. Clerk then sends a signed letter to the parties with the notice attached specifying the date of the conference. The letter must be delivered by hand, or registered post at least 10 days before the date of the conference. 1/17/13

Pre trial conference

High Court (Rule 37)
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Pre-trial conferences are compulsory. Must be held at least 6 weeks before the trial. Held by the parties themselves. Once plaintiff has notice of a court date s/he must within 5 days deliver a notice to defendant specifying the date of a conference. Parties then send each other the agenda. After conference, plaintiffs attorney prepares minutes of the conference.
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Readings
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& Hulme pg 247-290 q Eckard pgs 193 230 q Jones & Buckle (old Rule 23, 24, 25)

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