Pre-Trial Procedures

Question 1

Defendant has in his possession photographs and plans relating to the dispute set out in the pleadings. he wishes to use this evidence at trial. What proceeding must defendants attorney follow to achieve this?

Answer 1

He must give notice at least 10 days before the hearing that he intends to do so according to rule 24(10)

Question 2

If plaintiff not prepared to admit photographs and plans what must the plaintiff do?

Answer 2

The Plaintiff must notify the defendant within 5 days of receipt of such notice that he objects to the admission of these documents in evidence

Question 3

If plaintiff not prepared to admit photographs and plans what must the Defendant do?

Answer 3

The defendant will need to call the photographer to lead evidence

Question 4

What are the essential aspects to be dealt with when presenting evidence of a mechanic to prove amount of damages resulting from bad workmanship in the repair of a motor vehicle

Answer 4

1. Identity of the Mechanic
2. Lay a foundation for his expertise
3. Lead or inspect evidence that the expert has inspected the vehicle
4. Set out the assessment of damages and quantity or amount

Question 5

What notices would you have to deliver so that you can lead specialist evidence. Set out the time periods within which such notices must be delivered and explain what they should contain

Answer 5

• file notice at least 15 days before date of hearing that you intend on calling an expert
• file further notice at least 10 days before hearing setting out summary of expert opinion and reasons for such opinion
• which include qualifying him as an expert, that he has examined the plaintiff and what he has found

Question 6

What happens when a document has not been discovered may this document be used in the course of the trial and if so under what circumstances?

Answer 6

As a Genural Rule ito R17 it may not be used though it may be if you consent or if the court agrees to it being used but the court would at your request adjourn the hearing if you asked them to do so at the plaintiffs cost

Question 7

What is a settlement agreement?

Answer 7

Agreement in writing which records the terms on which parties to a legal dispute have agreed to settle the dispute between them.
used when trying to curtail further costs without admitting to liability , do so by making an offer to settle ito R18 of Rules of Court. The offer would be without prejudice.