Form 44 Summons For Directions

44.
O. 25, r. 1
O. 26, r. 4
SUMMONS FOR DIRECTIONS

PURSUANT TO ORDER 25
(Title as in action)
To: The defendant (and his solicitors).
Let all parties concerned attend before the Court on the date and time to
be assigned for the hearing of an application for the following order(s):
1. This action be consolidated with action(s) in the following Suit
Number(s):
2. This action be referred to the Registrar. The costs of this application
be costs in the cause.
3. The action be (or by consent) transferred to the
costs of this application be in the discretion of the
. The
.
4. Unless the plaintiff gives security for the defendants costs

within
days in the sum of $
to the satisfaction of the
Registrar, the action be transferred to the
with stay
meanwhile. The costs of this application be in the discretion of
the
(and if the security is paid, the directions shall be as
follows:
).
5. The plaintiff have leave to amend the writ by
. The
service of the writ and the defendants appearance do stand. The costs
incurred and thrown away by the amendment be the defendants in any
event.
6. The plaintiff have leave to amend the statement of claim as shown in
the document served herewith and to re-serve the amended statement
of claim in
days. Thereafter the defendant have leave to serve an
amended defence (if so advised) in
days. The plaintiff have leave to
serve an amended reply (if so advised) in
days. The costs of and
thrown away by the amendments be the defendants in any event.
7. The defendant have leave to amend the defence as shown in this
summons and to re-serve the amended defence in
days. Thereafter,
the plaintiff have leave to re-serve an amended reply (if so advised)
in
days. The costs of and thrown away as a result of the
amendments be the plaintiffs in any event.
8. The plaintiff serve on the defendant the further and better particulars
of the statement of claim specified in this summons within
days.
9. The defendant serve on the plaintiff the further and better particulars
of the defence specified in the document served herewith
within
days.
10. The plaintiff serve on the defendant the further and better
particulars of the reply specified in this summons within
days.
11. The plaintiff give security for the defendants costs to the
satisfaction of the Registrar in the sum of $
on the following
grounds:
In the meantime, all further proceedings be stayed.
12. The plaintiff serve on the defendant a list of documents and file an
affidavit verifying such list (limited to the documents relating to the
(special damage claimed) (plaintiffs industrial injury, industrial
disablement
or
sickness
benefit
rights)
(period
from
to
) (issues raised in paras.
of the
statement of claim and paras.
of the defence) (issues of
))
within
days.
13. The defendant serve on the plaintiff a list of documents and file an
affidavit verifying such list (limited to documents relating to the (period
from
to
) (issues raised in paras.
of the
statement of claim and paras.
of the defence) (issues
of
)) within
days.
14. There be inspection of documents within
of the lists (filing of the affidavits).
days of the service
15. The plaintiff have leave to serve on the defendant the interrogatories
shown in the document served herewith. The defendant is to answer the
interrogatories on affidavit within
days.
16. The defendant have leave to serve on the plaintiff the interrogatories
shown in the document served with this summons. The plaintiff is to
answer the interrogatories on affidavit within
days.
17. The plaintiff (or defendant) (retain and preserve pending the trial of
the action) (upon
days notice to give inspection of) (the subjectmatter of the action, to the defendant (or plaintiff) and to his legal
advisers (and experts)).
18. The statements in the following documents be admissible in
evidence at the trial without calling as a witness the maker of the
statements:
(A certified true copy of the above documents be admissible in evidence
at the trial without production of the original documents).
19. The following affidavits (in the form of the draft affidavit (served
herewith)) (to be served within
days) be admissible in evidence
at the trial:
20. Evidence of the following fact(s), namely,
be received at
the trial by statement on oath of information and belief (by the
production of the following documents or entries in books or copy
documents or copy entries in books, namely,
).
21. It be recorded that the parties ((plaintiff) (defendant) refuses to)
admit for the purposes of this action that (
(the truth of the
statements in the document served (herewith)).
22. The affidavits of the evidence-in-chief of all witnesses shall be
limited to one affidavit for each witness to be exchanged
within
weeks hereof.
23. Objections to the contents of the affidavit evidence shall be taken
within
weeks after the exchange of the affidavit evidence.
24. The evidence-in-chief or the substance thereof of all expert
witnesses shall be in the form of affidavit and shall be
exchanged/disclosed within
weeks hereof.
25. The following witnesses on behalf of the plaintiff (or defendant) may
be examined before the Registrar (or a special examiner to be agreed
upon by the parties or appointed by the Registrar) upon
days
notice and need not attend at the trial:
26. There shall be a discussion between the experts for the purpose of
requiring the experts to identify the issues in the proceedings and where
possible reach agreement on any issue not later than
days before
the exchange of the affidavits of evidence-in-chief. The issues which the
experts are to discuss shall be limited to the following:
27. Within
days of the discussion, the expert witnesses are to
prepare and furnish to the parties a joint written statement indicating the
agreed issues, the issues on which they disagree and a summary of the
reasons for disagreement.
28. That (name) of (organisation) be appointed as assessor(s) in this
action.
29. A plan of the locus in quo other than a sketch plan be receivable in
evidence at the trial.
30. Photographs and a plan of the locus in quo be agreed, if possible.
31. By consent, (the right of appeal be excluded) (any appeal be limited
to the Court of Appeal) (any appeal be limited to questions of law only).
32. Trial:
Estimated length:
days.
Estimated no. of witnesses:
To be set down within:
days.
Any other matters: (to be tried immediately after the action in Suit
Number
).
33. The witnesses whom the plaintiff intends if necessary to call shall be
limited to the following:
Witnesses of fact: (names).
Expert witnesses: (names).
34. The witnesses whom the defendant intends if necessary to call shall
be limited to the following:
Witnesses of fact: (names).
Expert witnesses: (names).
35. The costs of this application be costs in the cause.
Grounds of application: (To set out grounds) or (As set out in the affidavit
of [name]).
Issued by:
(Solicitors for the
).
# This form requires sealing by the Court and the signature of the
Registrar.
*
Note:
(a) Applicants are to indicate only those prayers for which directions
are necessary.
(b)For paragraphs 33 and 34, all witnesses must be named here or in the
order of Court to be extracted on this summons for directions. Witnesses
not so named shall not be allowed to testify at the trial without leave of
court.

Form 44 Summons For Directions

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44.

SUMMONS FOR DIRECTIONS

4. Unless the plaintiff gives security for the defendants costs

days of the service

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