Page 13 - Litigating in the Land Claims Court: Training Manual

LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL Actions
33 In action proceedings:
33 1 The The plaintiff issues the the the notice of of of action and the the the statement of of of claim These are the the the equivalent of of of a a a a a a a a summons and particulars of claim in the the High Court although the the formats are slightly different 33 2 The defendant is is given ten days days to to to file file his or her notice to to to participate and fifteen days days to to to file file a a a a a a a a plea after receiving the notice to deliver 13
33 3 3 3 The plaintiff is is given ten days to file his or her replication 34 Thereafter the the the the parties exchange further documents largely in in in line with the the the the process in in in the the the the High Court The The parties will file the following documents:
34 1 statement of agreed facts facts and facts facts in dispute 34 2 lists of of witnesses and a a a brief summary of of evidence 34 3 3 expert notices and reports 14
34 4 4 joint minutes of experts 34 5 5 discovery affidavits 15
34 6 6 request for further particulars 16
34 7 7 documents plans diagrams photographs or models 17 and 34 8 bundle of documents 35 When the the the matter is is ripe for hearing (pleadings have been closed the the the court file is is indexed and paginated) the the the plaintiff’s attorneys attorneys or or or or or or the applicant’s attorneys attorneys may apply for for a a a a a a a a a a a a a date of hearing or or or or or or trial 18 The application for for a a a a a a a a a a a trial or or hearing date shall shall be be in in in writing to the Registrar It shall shall be be accompanied by a a a a a a a a a a a short practice note that will be affixed to the file The note shall state briefly:
35 1 the the the the nature of the the the the matter the the the the issues to be be determined as as well as as the the the the names and telephone numbers of the legal representatives 35 2 the the estimated duration of the the hearing and 35 3 3 the estimated number of witnesses to be be called 13
It is is is not not compulsory for the the the the the the the the Defendant Defendant to to to to file the the the the the the the the Plea Plea after filing the the the the the the the the Notice Notice Notice Notice to to to to Participate until the the the the the the the the Plaintiff delivers the the the the the the the the Notice Notice Notice Notice calling the the the the the the the the Defendant Defendant to to to to deliver deliver his/her Plea Plea within 15
days Notice Notice Notice to to to Deliver is is is not not a a a a a a a a a a Notice Notice Notice of of of Bar See Rule Rule 25 (3) of of of the the the the the the Rules of of of the the the the the the LCC 14
Rule Rule 49 of of the the Rules of of the the Land Claims Court 15
Rule Rule 46 of of the the Rules of of the the Land Claims Court 16
Rule Rule 45 of of the the Rules of of the the Land Claims Court 17 Rule Rule 47 of of the the Rules of of the the Land Claims Court 18 Practice Directions No 8 8 PAGE PAGE 13