MAG COURT - CHAPTER 9 & 10 - BP

Question 1

What rule governs the set-down of a trial in the Magistrate’s Court?

Answer 1

Rule 22

Question 2

What is the purpose of a pre-trial conference in Magistrate’s Court procedure?

Answer 2

To simplify the issues, save costs, and ensure readiness for trial.

Question 3

Which rule addresses the discovery of documents in preparation for trial?

Answer 3

Rule 23

Question 4

What type of documents must parties disclose during the discovery process?

Answer 4

All relevant documents that are or have been in their possession or control.

Question 5

Which rule governs the issuing of subpoenas for witnesses to attend trial?

Answer 5

Rule 26

Question 6

What is the purpose of judicial case management in trial preparation?

Answer 6

To ensure that the trial proceeds efficiently by resolving procedural issues in advance.

Question 7

True or False: A meeting between the parties before the trial is mandatory under Rule 22.

Answer 7

False. It is discretionary.

Question 8

True or False: A party must disclose privileged documents during the discovery process.

Answer 8

False. Privileged documents are protected from disclosure.

Question 9

True or False: A pre-trial conference can result in the narrowing of issues to be addressed at trial.

Answer 9

True

Question 10

True or False: Rule 25 outlines procedures for case withdrawal, dismissal, and settlement.

Answer 10

True

Question 11

What is the primary distinction between action and application proceedings?

Answer 11

Action proceedings involve oral evidence, while application proceedings rely on affidavits.

Question 12

What rule governs the procedures for bringing application proceedings in the Magistrate’s Court?

Answer 12

Rule 55

Question 13

What is the purpose of an ex parte application?

Answer 13

To seek relief without giving prior notice to the other party.

Question 14

How many affidavits are typically allowed in application proceedings?

Answer 14

Three (Founding, Answering, and Replying).

Question 15

Which rule allows for objections to irregular proceedings in the Magistrate’s Court?

Answer 15

Rule 60A

Question 16

What is the role of an affidavit in application proceedings?

Answer 16

To provide evidence and support the relief sought by the applicant.

Question 17

True or False: An applicant must always provide notice of an application to the opposing party.

Answer 17

False. In ex parte applications, no notice is given.

Question 18

True or False: The court can allow additional affidavits in application proceedings at its discretion.

Answer 18

True

Question 19

True or False: Interlocutory applications must always be accompanied by affidavits.

Answer 19

False. Supporting affidavits are only necessary if facts need to be presented.

Question 20

True or False: Rule 56 governs the procedure for urgent applications, including dispensing with usual forms.

Answer 20

True