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71.11 Pre-trial review
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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71.11   Pre-trial review

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    (1)   Rule 38.5 does not apply to a pretrial review in a commercial claim under this Part.

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    (2)   Where the court directs that a pre-trial review is to be held in a commercial claim, the claimant shall lodge with the Case Management Unit of the Commercial Division, within 3 clear days before the hearing of the pre-trial review, 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 pre-trial review, together with an agreed trial timetable.

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    (3)   The parties shall attempt to agree, in advance, a trial timetable for inclusion in the updated case management bundle for use at a pretrial review.

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    (4)   If agreement cannot be reached the parties shall submit separate timetables.

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    (5)   The trial timetables must be determined in accordance with the practice direction.

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    (6)   Notwithstanding paragraph (5), if a pre-trial review is held the court shall give —

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      (a)     directions as to the timetable to be followed at trial and such timetable may, among other things, dispense with or limit opening or closing oral submissions; and

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      (b)     such other directions as may appear appropriate.

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    (7)   Where no pre-trial review is held, the parties shall agree and not later than 14 days before the trial is to commence lodge with the Case Management Unit of the Commercial Division —

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      (a)     an agreed timetable complying with the practice direction referred to in paragraph (5); or

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      (b)     if an agreed trial timetable cannot be provided, then separate trial timetables.

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    (8)   The Case Management Unit of the Commercial Division shall as soon as convenient inform the parties of the trial timetable that the judge proposes to adopt.

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    (9)   Where a party is dissatisfied with the timetable proposed by the judge, that party shall apply to the Case Management Unit of the Commercial Division to fix a conference for the purpose of settling the trial timetable.

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    (10)   Where the judge decides that the party at whose request the conference was convened acted unreasonably in requesting the conference, the judge may make an order that the party pay to the other party the costs of attending the conference.

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    (11)   A party who elects not to call a witness in respect of whom a witness statement, witness summary or affidavit has been filed shall notify all other parties of that decision immediately after it has been taken.

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