(a) Filing Of Form
63
After the close of pleadings
and within 14 days there-from
Form 63 must be filed unless earlier filed together with the
Writ;
(b) First
Case Management Hearing
First Case Management hearing
will be 1½ months from the date of filing of the Writ
regardless of whether Form 63 has been filed. During
the first hearing discussion will be centered on the overall
nature of the action and the steps the parties must take in
preparation for the next case management hearing. Direction
will therefore be given on the preparation of Agreed Facts,
Agreed Issues, Agreed and Disputed Documents, Expert Opinion
if required, Exchange of draft witnesses' statements and
such other matters relevant to the action.
In the event that pleadings is
yet to close, the hearing may be adjourned to another date
on application by any of the parties thereto.
(c) Exchange
Of Case Statement
After the First Case Management
hearing parties to the action are expected to exchange Case
Statements so as to facilitate the preparation of the Joint
Case Management Statement as well as for the trial proper.
Two copies may be filed with the Court before the next case
management hearing.
Format of Case Statement is annexed
hereto "Lampiran A";
(d) Filing
Of Joint Case Management Statement
The Agreed Facts and Issues and
such other relevant information will be incorporated into
a Joint Case Management Statement that is to
be filed with the Court at least three days before the
Second Case Management hearing. All parties must sign
on the Joint Case Management before it is filed and it is
agreed that it will be used during the trial as reference
point for the Agreed Facts, Issues and other information therein.
If such Joint Case Management statement is agreed upon then
the parties should file a draft to be considered and settled
before the Judge during the Second Case Management hearing.
Format of a Joint Case Management
Statement is annexed hereto "Lampiran B";
(e) Summons
For Direction
There is no longer any necessity
to file Summons for Directions;
(f) Second
Case Management Hearing
The Second Case Management
hearing will be held three months after the First
Case Management hearing. But parties may apply for the period
to be extended and that in the interim period they may want
a mention date to enable them to clear subsidiary issues amongst
themselves in the presence of the Judge before the Second
Case Management hearing is held;
(g) Witnesses
Statements
During the Second Case Management
hearing the parties may deal with the drafts of the witnesses
statements earlier exchanged to finalise on any items disputed
in particular on points pertaining to admissibility and relevancy.
If the parties agree rulings on the disputes may be made by
the Judge after hearing their arguments. Otherwise the disputed
items will be dealt with during the trial proper.
Once the witnesses statements
have been settled the parties must file fair copies with the
Court at least three days before the next Case Management
hearing;
(h) Filing
of Bundles of Documents and other Materials
The required number of bundles
(usually two) of Agreed Documents wherein it has been
agreed in term of their existence and contents must
be filed with the Court three days before the Second
Case Management hearing.
Documents in which the contents
are disputed but not the existence must be filed as a separate
bundle. At least two bundles of the same must also be filed
with the Court three days before the Second Case
Management hearing.
All other materials relevant
to the action must also be filed with the Court three days
before the Second Case Management hearing;
(i) Alternative
Dispute Resolution (ADR)
During the Second Case Management
hearing the issues involved or raised in the case will
be considered with the view of narrowing them for the trial
proper and exploratory move will also be made to find whether
there is any possibility of an amicable settlement.
Parties are also enquired whether
they are interested to go for Alternative Dispute Resolution
such as Mediation or Arbitration. Presently this is
purely on optional or voluntary basis as there is no compulsory
rule for such requirement and there is no trained mediator
presently. Litigants acceptance of the concept has also to
be taken into account;
(j) Miscellaneous
Applications
All other preliminary matters
may also be dealt with during the Second Case Management
hearing including application for disclosure of documents,
further and better particulars if not given earlier, non-contentious
amendments to the pleadings and so forth;
(k) Trial
Date
At the conclusion of the Second
Case Management hearing a trial date will be given
for the case unless the parties wish to have further mention
date for the case before the Final Case Management hearing.
Trial date should be expected between 9 to 12 months
from the filing of the Writ;
(l) Final
Case Management hearing
The Final Case Management
hearing will be held at least one month before
the trial proper begins. The main purpose of this hearing
is to tie up loose ends in preparation of the case for trial
and also to find from the parties for the last time whether
there is any possibility of an amicable settlement. Parties
are required to inform the Court at least one month
before the trial date whether the case is proceeding. This
is to enable the Court to slot another case as a replacement
in such an event.
(m) Extension
of Time
The time prescribed hereinabove
may be extended on application by any of the parties during
the First Case Management hearing.
(n) Application
For Summary Judgment/Striking Out
Notwithstanding the foregoing
any party to the action is at liberty to file for summary
judgment/striking out at any stage of the proceeding.
