Appendix X: Commercial proceedings

No.1 Interrogatories
No.2 Answer to Interrogatories
No.3 Pre-trial Questionnaire

 

 

No. 1

O. 63A r. 10.

 

INTERROGATORIES

[Title of proceedings].

Interrogatories on behalf of the [plaintiff or defendant, appellant or respondent] for the examination of the [defendant or plaintiff, respondent or appellant ].

1. Did not, &c.,?

2. Has not, &c.,?

&c., &c.,

_______

No. 2

O.63A r. 12

 

ANSWER TO INTERROGATORIES

[Title of Proceedings]

The answer of the ….... to the interrogatories for his examination by the ….....

In answer to the said interrogatories, I, the above-named C.D. make oath and say as follows: –

_______

No.3

O.63A, r. 17

 

PRE-TRIAL QUESTIONNAIRE

[Title of proceedings]

Section A: Pre-Trial Procedures

1. Pleadings and Proofs
(Delete where not applicable)

(a) Are all Pleadings exchanged? ..... yes/no

If not, what pleading was last exchanged?

 

(b) Have proofs been advised?..... yes/no

(c) If proofs have not been advised, please confirm whether or not same will be sought and advised prior to pre-trial conference. ..... yes/no

(d) If proofs have been advised, please confirm that you are in a position to comply. ..... yes/no

2. Have all pre-trial procedures been fully complied with including:-

(Delete where not applicable)

(a) Discovery? ..... yes/no

(b) Admissions; Notices to admit facts? ..... yes/no

(c) Interrogatories? ..... yes/no

(d) Fixing of issues? ..... yes/no

(e) Any other directions given by the Judge? ..... yes/no

3. If any matters referred to at paragraphs 1-2 above remain outstanding, please set out reasons for same. .....................

4. Are there any further directions required to prepare the case for trial? ..... yes/no

If yes, please explain the directions required and give reasons. .....................

 

Section B: Trial

1. Set out your estimate of the likely duration of the trial. .....................

2. Please attach chronology of the relevant events likely to be referred to in the course of the hearing. Has this been agreed with the other parties and if not, why not? ......................

3. Please furnish an agreed statement of the issues to be determined at trial or, insofar as such issues may not be agreed, a brief statement thereof as perceived by you. .....................

4. Has the Judge dispensed with the need for the lodgement of the trial booklet or case summary required by Order 63A rule 21? .......... yes/no

If not, please confirm that same will be lodged with the Registrar not less than four clear days prior to the date fixed for trial. ..... yes/no

5. Do the parties intend to have overnight transcripts? ..... yes/no

Section C: Expert and other Witnesses

1. List the witnesses you intend to call, indicating which of these are expert witnesses. .....................

2. Have the parties endeavoured to exchange expert- witnesses’ reports with the other side? ..... yes/no

If not, why not? .....................

3. Are special facilities required in the Court room to facilitate the giving of any expert evidence? ........ yes / no

If so, give details. .....................

4. Does any witness require special facilities? ............

If so, give details. .....................

5. Does any witness require an interpreter? ..... yes/no

If so, give details. .....................

6. Are any special information and communications technology facilities (e.g. digital audio voice-recording, video-conferencing) required in the courtroom to facilitate the trial of the case? ..... yes/no

If so, give details. .....................

_______