Rules of Court 2021

Status:

Published in Subsidiary Legislation Supplement
on 01 Dec 2021

ORDER 65

SIMPLIFIED PROCESS FOR PROCEEDINGS IN
MAGISTRATE’S COURT OR DISTRICT COURT

Application and purpose of, and powers of Court under, this Order (O. 65, r. 1)

1.—(1) This Order applies only to —

(a)

all civil proceedings begun by way of an originating claim which are before a Magistrate’s Court; and

(b)

any civil proceedings begun by originating claim —

(i)	which are before a District Court; and
(ii)	to which paragraph (2) applies.

(2) Where any civil proceedings are before a District Court, and all parties to those proceedings file their consent for this Order to apply to those proceedings, this Order, upon the filing of that consent, applies to those proceedings.

(3) Except as otherwise provided in this Order, all the other Orders in these Rules continue to apply to proceedings to which this Order applies.

Upfront production (O. 65, r. 2)

2.—(1) Every pleading served by a party in a matter to which this Order applies must be accompanied by a list of and a copy of all documents falling within the categories of documents set out in Order 11, Rule 2(1).

(2) A copy of any document may be in paper form or in an electronic format in a common format that the other party can use.

(3) This Rule applies to any amended pleading filed and served by any party if the amended pleading —

(a)	pleads any additional fact; or
(b)	refers to any document that was not referred to in any other pleading filed by that party,

except that documents previously disclosed in the same proceedings need not be disclosed by reason only of the amendments to the pleadings.

(4) In any case to which this Order applies, the parties must not, except as may otherwise be ordered or permitted by the Court, rely on any document that was not produced in accordance with this Order.

Excluded interim applications (O. 65, r. 3)

3. Without affecting the Court’s powers under Order 9, no application under Order 9, Rule 17 or 19 or Order 11 may be made in any case to which this Order applies.

Simplified trial (O. 65, r. 4)

4.—(1) If the Court is satisfied that the parties to a case are unable to resolve their dispute without a trial, the Court must as soon as practicable direct that the case be set down for such of the following as the Court deems fit:

(a)	a simplified trial under this Rule;
(b)	a full trial to which the provisions of Order 15 apply.

(2) In deciding the appropriate mode of trial, the Court may have regard to the following matters:

(a)	the number of parties involved;
(b)	the complexity of the issues;
(c)	the amount of the claim and the amount of the counterclaim, if any;
(d)	whether the costs which may be incurred will be proportionate to the amount of the claim and the amount of the counterclaim, if any;
(e)	the nature of the action;
(f)	any other matter that the Court considers relevant.

(3) The conduct of a simplified trial is governed by Order 15, but the following time limits apply:

(a)	for the examination in chief of a witness — 10 minutes per witness;
(b)	for the cross‑examination of a witness — 60 minutes per witness;
(c)	for the re‑examination of a witness — 10 minutes per witness;
(d)	for closing submissions — 30 minutes per party.

(4) The Court may extend any time limit under paragraph (3) as the Court deems fit.

(5) In every case to which this Order applies, where judgment has been entered for damages to be assessed, this Rule applies, with the necessary modifications, to the assessment of damages.

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