(1) Rule 38.5 shall not apply to a pre-trial review (“PTR”) in a commercial matter; if the court directs that a PTR is to be held in a commercial matter, the claimant or applicant must 3 clear days before the hearing of the PTR lodge with the Judicial Assistant a copy of the original case management bundle, updated by the inclusion of such subsequent material (only) as will enable the court to conduct an efficient and useful PTR, together with an agreed trial timetable.
(2) The parties must attempt to agree in advance a trial timetable for inclusion in the updated case management bundle for use at a PTR and if agreement cannot be reached, then the parties must put in separate timetables.
(3) If a PTR is held, the court will give directions as to the timetable to be followed at trial; such timetable may (among other things) dispense with or limit opening or closing oral submissions.
(4) If no PTR is held, the parties must agree and not later than two weeks before the trial is to commence lodge with the Judicial Assistant an agreed trial timetable or, if agreement cannot be reached, then separate trial timetables. The Judicial Assistant will as soon as convenient thereafter inform the parties what trial timetable the trial judge proposes to adopt. If any party is dissatisfied with the timetable proposed by the judge, then that party must apply to the Unit to fix a conference for the purpose of settling the trial timetable. If the judge decides that the party at whose instigation the conference was convened acted unreasonably in asking for it, then that party may be ordered to pay to the other parties their costs of attending the conference.
(5) A party who elects not to call a witness in respect of whom a witness statement, witness summary or affidavit has been put in must notify all other parties of that decision immediately after it has been taken.