Topic: List to fix dates
CC04 - List to fix dates
All applications for matters to be placed in a list to fix dates must be accompanied by a letter certifying, where applicable, that:
- Valuations have been obtained and exchanged or, in the alternative an independent auctioneer has been nominated by the parties and a report obtained.
- Up to date fully vouched affidavits of means have been exchanged. In this regard practitioners are reminded that the schedule to the affidavit of means should set out details of all income, assets, debts and other liabilities. As legal costs are a liability, details of those legal costs already incurred and a reasonable estimate of future costs are likely to be incurred are to be set out in a letter signed by the applicant/respondent and furnished to the trail judge at the commencement of the hearing.
- Notice(s) to trustees have been served and statements of benefits have been obtained and furnished.
- All accountants reports and other necessary experts reports have been obtained.
- Discovery has been complied with in full.
In all cases the certificate should give a realistic estimate of the duration of the hearing.
Where a party is unable to certify in the required form due to any default by the other party then a motion for directions may be issued on notice to the defaulting party.
Practitioners should also note that motions for directions will be listed with the list to fix dates to enable the court to assist in case management and to address any issues arising form the implementation of the direction.
Where a case is settled after a date has been fixed for hearing the court should be informed at the next list to fix dates that the date fixed can be vacated. To facilitate list management to court should be provided with an ex parte docket setting out the names of the parties, the record number and the date to be vacated.
In the case of nullity proceedings, practitioners are reminded that the medical inspector must be appointed by the court.
Dated this 15th day of January 2004.
President of the Circuit Court