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The 'Listing Questionnaire to be filed before Case Management Conference or Pre-Trial Review' document is of utmost importance in the legal proceedings. It serves as a comprehensive tool to gather essential information and ensure that all necessary steps have been taken to prepare for trial. The document consists of several sections, each addressing a specific aspect of the case.
The document begins with a brief introduction, explaining its purpose and the parties involved. It is completed by either the plaintiff, defendant, or their solicitor, depending on the circumstances. The case number is also included for reference.
The first section of the document focuses on trial preparation. It covers the status of pleadings, including whether any amendments are required and whether they have been verified by statements of truth. It also addresses interlocutory matters, such as compliance with case management directions and the presence of any outstanding applications or appeals. The completion of discovery and the intention to adduce hearsay evidence are also confirmed in this section. Additionally, the serving of witness statements, their verification, and the possibility of dispensing with attendance at trial are addressed. The preparation of expert reports, their compliance with court directions, and the verification by statements of truth are also confirmed. Finally, the intention to cross-examine the other party's expert witnesses is stated.
The next section of the document allows for any other matters to be addressed, providing an opportunity to include any additional information that may be relevant to the case management process.
The trial section of the document focuses on estimating the length of the trial and determining its suitability for the running list. The preferred language for the trial is also indicated, along with any request for a bilingual judge. If interpretation assistance is required for witnesses, this is also specified.
The related proceedings section addresses whether there are any other pending proceedings involving the same parties and whether consolidation or joint trial is sought.
The mediation section inquires about any previous attempts at mediation and the reasons for not pursuing it.
The document concludes with a section for any other matters that may be relevant to the case management process, followed by a brief factual background and issues summary. If damages are claimed, a computation of the damages claimed is also required. The document ends with a declaration by the plaintiff, defendant, or solicitor, affirming the accuracy of the provided answers.
In summary, the 'Listing Questionnaire to be filed before Case Management Conference or Pre-Trial Review' document is a crucial tool in ensuring that all necessary steps have been taken to prepare for trial. It covers various aspects of trial preparation, related proceedings, mediation, and other relevant matters, providing a comprehensive overview of the case.
1. Confirm the accuracy of pleadings: Ensure that the pleadings are in order and require no amendment. Verify that they have been verified by statements of truth.
2. Comply with case management directions: Confirm that all case management directions have been complied with.
3. Address interlocutory matters: Verify that there are no outstanding interlocutory applications or appeals. Confirm that no further interlocutory applications will be taken out.
4. Complete discovery: Confirm the completion of discovery.
5. Serve witness statements: Ensure that all witness statements have been served.
6. Verify witness statements: Confirm that all witness statements have been verified by statements of truth.
7. Consider dispensing with attendance: Determine if any witness statements can be agreed upon to dispense with attendance at trial.
8. Prepare expert reports: Ensure that all expert reports have been prepared in accordance with court directions.
9. Serve code of conduct for expert witness: Confirm that all experts have been served with a copy of the code of conduct for expert witnesses.
10. Verify expert reports: Confirm that all expert reports have been verified by statements of truth and contain a declaration.
11. Cross-examine the other party's expert witnesses: Determine if there is an intention to cross-examine the expert witnesses called by the other party.
12. Prepare the case for trial: Confirm that all necessary steps have been taken to prepare the case for trial.
13. Set the case down for trial: Determine if it is appropriate to set the case down for trial.
14. Attach counsel's certificate and proposed directions: Attach a counsel's certificate with time estimates for the trial and a set of proposed directions.
15. Address other matters: Include any other information that may help the court in case management.
16. Provide a brief factual background and issues summary: Attach a one-page summary of the brief factual background and the issues to be tried.
17. Compute damages claimed (if applicable): Attach a one-page computation of the damages claimed.
18. Sign the declaration: Sign the declaration affirming the accuracy of the provided answers.
Note: This guidance is intended to provide a concise overview of the steps involved in using the document. It is important to consult legal professionals for specific advice and guidance tailored to the individual case.