1. How will the Court give directions for the management of a case before the commencement of a trial?

1. How will the Court give directions for the management of a case before the commencement of a trial? 

To enable the Court to actively manage civil actions, monitor progress, and ensure that trial preparations (including discovery, exchange of witness statements, and expert reports) proceed in a proper, cost-effective, and proportionate manner, the parties and the Court must follow the case management framework under Order 25 of the Rules of the High Court (Cap. 4A) or the Rules of the District Court (Cap. 336H), Practice Direction 5.2, and Practice Direction 31 (“PD 31”). 

Within 28 days of the closing of pleadings, parties to the proceedings shall file and serve their respective Timetabling Questionnaire (“TQ”) to provide information about their cases, and propose case management directions for the Court’s consideration. At the same time, every legally represented party must also file and serve a Mediation Certificate under PD 31, signed by both solicitor and client, confirming that the possibility of mediation has been explained and considered. 

Once the TQs have been exchanged, the parties are expected to consult each other with a view to agreeing appropriate case management directions. If complete agreement can be reached, the parties should seek to obtain a court order by filing a Consent Summons. This must be done within 14 days of receiving TQs from all defendants, or upon the expiry of the 28-day period for filing TQs, whichever is earlier. In this way, agreed directions may be obtained without the need for a contested hearing. 

If, however, the parties are unable to agree on all directions, the Plaintiff shall take out a Case Management Summons (“CMS”) with the Court to fix a Case Management Summons Hearing (“CMS Hearing”) before the court so that the court can give the appropriate directions to the parties to prepare the case for trial, such as fixing the timetable for the parties to exchange list of documents, to exchange witness statement, and to prepare expert report (if appropriate) etc. The CMS should set out both the directions that are agreed and those that remain in dispute. 

If the Plaintiff fails to file a TQ or issue a CMS, any Defendant may either take out the CMS or apply to the Court to dismiss the action for want of prosecution. 

The Court may deal with case management not only by oral hearing but also on paper. Upon receiving the TQs, the Court may make directions and fix a timetable by an Order Nisi without requiring the parties to attend. That order will become absolute after 14 days unless a party applies within that time to vary it. If such an application is made, the matter will then be listed for a CMS hearing. 

In giving case management directions, the Court the Court may adjourn the CMS hearing, fix a Case Management Conference (“CMC”), or give directions through to the Pre-Trial Review or trial. Where a CMS hearing is adjourned, the parties must file and serve an updated TQ before the next hearing. 

A CMC is not required in every action but may be directed in cases which are heavy, procedurally complex, or otherwise require further case management. Where a CMC is fixed, further preparatory steps are required. Not less than 7 days before the CMC, each party must file and serve a Listing Questionnaire, together with a one-page summary of the background of the case and the issues to be tried. If a party is seeking the fixing of a trial date or trial period at the CMC, the Listing Questionnaire must also include a certificate by trial counsel giving itemised time estimates for opening submissions, evidence-in-chief, cross-examination, and closing submissions. In addition, not less than 3 clear days before the CMC, the Plaintiff must lodge a CMC Bundle containing the pleadings, witness statements, expert reports, and a draft index of the document bundle.