District Courts Rules 2009

Simplified trial disclosure

2.51 Pre-trial disclosure and interlocutory applications for simplified trial
  • 2.51.1 A party must disclose the documents the party intends to rely on at a simplified trial.

    2.51.2 At least 15 working days before the trial, a party must—

    • (a) give a copy of the documents to each other party; and

    • (b) serve the party’s affidavits of evidence in chief on each other party.

    2.51.3 A party may, by an interlocutory application, apply for an order that another party disclose particular documents.

    2.51.4 A Judge may order that the documents be disclosed if the Judge is satisfied that—

    • (a) the documents are relevant to the issues between the parties; or

    • (b) disclosure is necessary to decide the matter fairly; or

    • (c) for any other reason the documents should be disclosed.

    2.51.5 A party to a simplified trial may, by an interlocutory application, apply for summary judgment under rule 2.42 or 2.43.

    2.51.6 The only interlocutory applications that may be made in a proceeding for which a simplified trial is allocated are—

    • (b) an application for summary judgment:

    • (c) any other kind of interlocutory application allowed by the Judge in the interests of justice.

    Compare: Civil Procedure Rules 2002 r 8.28 (Vanuatu)