 |
About the Ministry |  |
|
Courts | |
|
Other Ministry Services | |
|
Information & Publications |
CIVIL CASE MANAGEMENT IN THE DISTRICT COURT
Contents
1. Introduction
2. Case Management Objectives
3. The Essential Features
4. Management Tracks
5. The Timeline Concept
6. Conferences Generally
7. Discovery
8. Admission of Facts
9. Pleadings
10. Dismissal of Summary Judgment; Grant or Refusal of Interim Relief
11. Compliance
12. Assisted Dispute Resolution (ADR) and Judicial Settlement
Conferences (JSC)
13. Setting Down
14. Court Administration Processes
Appendices
CIVIL CASE MANAGEMENT IN THE DISTRICT COURT
Practice Note
1.1 This practice note replaces all practice notes relating to civil case management in District Court Registries. It follows a decision to implement a common case management regime in the District Court throughout New Zealand.
1.2 This practice note comes into force on 1 March 2001.
The objects of case management are, in a manner consistent with the circumstances of each case, to:
- ensure the just treatment of all litigants by the Court;
- promote the prompt and economic disposal of cases;
- improve the quality of the litigation process;
- maintain public confidence in the Court; and
- use efficiently the available judicial, legal and administrative resources.
3.1 At an early stage to identify the issues in dispute and to encourage settlement by negotiation or the use of assisted dispute resolution (ADR) techniques.
3.2 To prescribe the course of the proceeding so that the parties will be aware of the events that will occur and the likely time and cost involved.
3.3 A general avoidance of formal interlocutory applications. Provision for necessary interlocutory steps to follow a standard timetable.
3.4 By monitoring to ensure that events occur as timetabled, orderly progress toward conclusion will result, counsel’s preparation will be facilitated and prompt settlement will be encouraged.1
3.5 To identify as soon as is practicable a firm date for final disposition of the proceeding.
4.1 On the filing of the first responsive pleading, all cases will be assigned by the Registrar to one of the "management tracks" and the parties notified. The tracks will be the Immediate Track, the Swift Track and the Standard Track. Upon application by a party or on the Court’s own motion and where circumstances warrant, cases may be transferred from one track to another.
4.2 The Immediate Track.
4.2.1 This track is for those cases that receive a hearing date on filing.
It will include:
(a) Appeals from all jurisdictions;
(b) Summary judgment applications;
(c) Injunctions;
(d) Originating applications.
4.2.2 Timetable Applying to the Immediate Track
Unless otherwise directed, cases on this track will be heard on the date allocated on filing. A conference may be sought by any party or directed by the Court or Registrar in appropriate cases (eg to consider whether an appeal can be dealt with on the original evidence).
4.3 The Swift Track.
4.3.1 This track is for other cases that can come to a hearing quickly and simply. These will usually be cases which are quite uncomplicated or have a modest amount at stake.
4.3.2 Timetable Applying to the Swift Track
Within 21 days of service of a statement of defence the parties shall exchange copies of all directly relevant documents.
Within 70 days after filing of a statement of defence, the Court will advise the parties of the fixture date based on its own estimate of the required trial time.
The parties’ opportunity to show reason in writing why the case is not ready for or will not require a hearing and their duty to make in writing any necessary correction to the Court’s time estimate, must be taken and discharged within 14 days of receipt of advice of the fixture.
4.4 The Standard Track.
4.4.1 This track is for all cases not on any other track.
4.4.2 Timetable Applying to the Standard Track
Within 28 days of filing and service of statement of defence each party shall file and serve on all other parties to the proceeding a verified list of documents.
Within 21 days of service of verified lists the parties shall complete inspection. Application for any essential interlocutory remedies shall be filed and served within 14 days of completion of inspection.
Within 112 days after filing of a statement of defence and following a conference (Appendix A) the Court will advise the parties of the fixture date. The parties’ opportunity to show reason in writing why the case is not ready for or will not require a hearing and their duty to make in writing any necessary correction to the Court’s time estimate must be taken and discharged within 14 days of receipt of advice of the fixture. Where third or subsequent parties are joined without need of leave then as between the defendant/s and third party/ies and so on, this timetable shall take effect upon the filing and service of the third party statement of defence.
4.5 Other
4.5.1 Assignment to Judges.
Cases within any track may be assigned to an individual Judge who may, in consultation with the parties, set a timetable which is appropriate to the circumstances of the case.
5.1 Each of the management tracks will have a different timeline. The timeline is the time from filing of the first responsive pleading (eg statement of defence) to disposition by settlement or judgment (including reserved judgment).
5.2 All cases will have prescribed intermediate events.
5.3 The timeline objectives are as follows:
| Time | Tracks and Events | ||
| (from date of filing of first responsive pleading) |
Immediate | Swift | Standard |
| Day 1 | Consideration of transfer to Disputes Tribunal | ||
| Day 21 (week 3) | If conference necessary (Appendix A applies) | Informal exchange of documents | |
| Day 28 (week 4) | File and serve verified list of documents | ||
| Day 49 (week 7) | Complete Inspection | ||
| Day 63 (week 9) | Any other interlocu–tory applications to be filed | ||
| Day 70 (week 10) | Fixture date notified (Appendix B applies) | ||
| Day 91 (week 13) | Hearing and Judgment completed | Conference (Appendix A applies) | |
| Day 112 (week 16) | Fixture Date notified by Court (Appendix B applies) | ||
| Day 182 (week 26) | Hearing and Judgment completed | ||
| Day 365 (week 52) | Hearing and Judgment completed | ||
5.4 Judges will seek to deliver judgments orally or in writing within 13 weeks from the conclusion of the hearing or trial.
5.5 It is accepted that the objectives stated in 5.3 and 5.4 above cannot and will not be met in all cases.
5.6 Overall, the timeline established for a particular track will be adhered to and normally will not be extended unless the Court is satisfied that that is necessary.
6.1 Conferences will be held according to the particular needs of each case but generally no later than set out in the timeline objectives and may be requested through the Registrar or directed by a Judge.
6.2 Conferences will be by appointment and will be conducted by telephone unless otherwise directed. Conferences will not be adjourned unless there are compelling reasons.
6.3 Counsel should be prepared to deal with items on the conference checklists and any other outstanding issues at the risk of costs being ordered or withheld.
6.4 The pre-trial directions as set out in Appendix B will apply unless otherwise directed.
6.5 Attendance at Conferences.
6.5.1 The attendance of counsel instructed to appear in the case, or of the solicitor responsible for the case, is required. Costs of the initial and any subsequent telephone calls will, unless otherwise directed, be borne by the plaintiff.
6.5.2 The parties, or in the case of a corporation a responsible officer with authority to act, are entitled to attend any conferences. It is the obligation of the solicitors to notify the party for whom they act of that party’s entitlement to attend. When parties are attending the Court shall be notified no later than the day preceding the conference.
6.5.3 Attendance of parties will be required if the Court considers that they should be directly informed by the Court about the progress and future of the case. Counsel must then, as at all times during the case,
be in a position to inform the Court and their clients of the current and likely future costs of the litigation. The reasons for requiring attendance are:
- To enable the parties, as well as their counsel, actively to consider whether settlement negotiations should commence or whether some other means of resolution, such as mediation, should be undertaken and, if so, on what terms.
- To enable the parties to see for themselves how their case is to be run from that stage to trial and to understand the steps to be taken, the reason for each step and the time allowed for each.
- To enable the parties to give instructions to their counsel during the conference so that more will be able to be achieved at the conference than would otherwise be the case.
6.6 Conference Minutes.
At the conclusion of all conferences or on the approval of a joint memorandum filed, the Court will distribute to all parties a minute setting out the issues of fact and law where necessary or appropriate, the orders made, the directions given and such other matters as appropriate.
6.7 Conference for Interlocutory Applications.
6.7.1 Interlocutory applications in the course of proceedings will be allocated a conference in accordance with clauses 6.1 and 6.2 unless otherwise directed.
6.7.2 Oral applications may be made at conferences (Rule 268). A party intending to make an oral application should, where practicable, give notice to other parties prior to the conference.
6.7.3 The usual form and content of an application does not require an affidavit on factual matters unless they are put in issue or the Rules require, eg interlocutory injunctions (Rules 270, 271).
6.7.4 The Court has wide powers to make interlocutory orders when considering directions under Rules 433 and 434. These powers may be exercised at conferences whether or not an interlocutory application has been made formally or orally.
6.8 Matters to be dealt with at Conference.
6.8.1 At any conference the matters set out in Appendix A will be dealt with as appropriate.
6.8.2 Prior to all conferences the parties shall consult with a view to reaching agreement on a single memorandum relating to the issues. If agreement is reached, a joint memorandum shall be filed in lieu of the parties’ individual memoranda. If the Court is satisfied with the memorandum, counsel may be excused attendance at the conference.
6.8.3 Memoranda shall be filed at least 3 working days before any conference.
Discovery may be limited to particular issues or identified classes of documents and discovery may be programmed in stages, ie progressively as required by the case.
Admission of facts and documents will be sought at conferences. If not admitted but proved at trial after notice under Rule 313 is given, the costs of proving the facts or documents shall be paid by the non-admitting party unless the Court otherwise orders.
Throughout, particular attention will be given to the adequacy of pleadings.
10.Dismissal of summary judgment; grant or
refusal of interim relief
10.1 When an application for summary judgment is dismissed or on the making of an order granting or refusing an application for interim relief, the case will be assigned to the standard track unless otherwise ordered. Consequential directions will usually be given on delivery of judgment or order. If no immediate directions are given and no statement of defence has been filed and served, a statement of defence must be filed within 14 days of the date of delivery of the decision.
10.2 Upon the filing and service of the statement of defence, the standard track timetable will apply. If a statement of defence has already been filed and served, the standard track timetable will apply as if that statement of defence had been filed and served on the date of delivery of the decision.
The provisions of Rules 299 and 433(7)(e) will be applied to secure compliance with these procedures. The Court’s discretion as to costs will also be relevant.
12.Assisted dispute resolution (adr) and judicial settlement conferences (jsc)
12.1 There will be Court oversight of progress towards settlement or fixture. Early and repeated attention to ADR or JSC possibilities will be required. The Court will need to be satisfied regularly that the parties themselves have considered ADR and JSC options and are being kept up to date with the general progress of the case.
12.2 At any conference the Judge may ask counsel if they have explained to their client the nature and range of alternative dispute resolution options available to resolve the dispute and whether they have provided advice on the suitability and benefits of the use of such options in the proceeding.
12.3 Consideration of ADR concepts should include:
- mediation;
- Rule 438 settlement conference;
- reference to arbitration;
- reference for report under Sections 61, 62 and 62A, District Courts Act 1947.
[NB In the case of these referrals the Court will determine who will pay the referees and pre-lodgment of the fees in the Court’s trust account will be required]
12.4 Plaintiff ’s counsel are to advise the Court forthwith of settlement of cases.
13.1 Subject to clause 4.3.2 only Court certification of readiness for trial will result in fixture allocation and none will be allocated until payment of setting down fees.
13.2 Priority fixture applications will be dealt with by the Civil Liaison Judge (CLJ) or another Judge nominated by the CLJ. Subject to the Rules, such may be granted having regard to the exigencies of the case and of the overall list.
13.3 Adjournments will be granted only in the most exceptional circumstances. The CLJ or another Judge nominated by the CLJ, will require to be provided with cogent evidence to support any application for adjournment. No adjournments will be granted on mere consent. The Court may require parties to be present or their consent in writing when adjournment applications are made.
13.4 Receipt of advice of a fixture date without written protest within 14 days thereof shall be deemed confirmation of witness availability (see clause 3 Appendix B) and confirmation that the case is in every respect ready for trial on the notified date. Any request for a departure from these standard directions must be made prior to or at the time of certification for trial.
14.Court administration processes
14.1 Date or week certain for final hearing or trial is central to this system.
14.2 An application to set down will not be required for cases to which this practice note relates. The setting down fee will be payable by the party still requiring the hearing in the first instance within 7 days of setting down.
Chief District Court Judge RL Young
Conference check list
1. Settlement negotiations and assessment of ADR/JSC.
2. Identification and disposal of any remaining interlocutory applications.
3. Review compliance with any direction.
4. Outstanding interlocutory matters.
5. How evidence is to be adduced and documentary exhibits produced.
6. Special physical and judicial resources likely to be required, including computer support and the possibility of disqualification of any particular Judge.
7. Assess trial duration including (but not limited to):
- degree to which parties have exchanged evidential information;
- resolve any issues about experts reports and evidence;
- determination of which witnesses are actually necessary;
- consideration of time limits or restrictions on presentation of case of any or all parties;
- counsel estimation;
- number of witnesses; and
- agreed statement of facts.
8. Need for further conference and attendance of parties at it. 9. A trial date will be allocated immediately after this conference unless there are good reasons why this is inappropriate (even if ADR option being explored). As a general rule, trial dates will be about 14 weeks ahead.
10. Any change of track.
11. For immediate track, allocate date of hearing.
12. Other matters.
APPENDIX B
Standard pre–trial direction
1. Evidence-in-chief is to be by signed brief. The briefs of the plaintiff shall be delivered to the defendant and other parties no later than 21 clear days after receipt of the advice of the date of fixture. The briefs of the defendant and any other parties shall be delivered no later than 21 clear days after the date on which that party received the briefs delivered by the plaintiff. Briefs are to be read on oath at the trial subject to corrections during reading. Such amendments to briefs may not be used as a basis for cross examination. Supplementary oral evidence-in-chief will be permitted. Supplementary briefs in reply may be served at any time prior to trial. Two copies of each brief are to be available to the Court when witnesses are giving evidence.
2. Exhibits.
(i) Draft list of proposed exhibits to be served by plaintiffs with their briefs and any draft amendment by defendants to follow no later than 7 days after that service. (ii) The Court is to be notified if any special arrangements for the trial/hearing are required, eg transport for site visits, storage space for bulky exhibits, video playback facility required.
(iii) Subject to admissibility objections by either side, plaintiff to incorporate all documents into one bundle in chronological order, consecutively page numbered throughout, the main bundle to be the exhibit used by the witnesses, one copy for Judge and requisite copies for defence. The bundle is to commence with an index indicating the date and nature of each document, by whom produced and its page number in the bundle. Full costs of preparation to be treated as disbursement in the proceedings.
(iv) The parties agree that unless expressly stated otherwise on the bundle, each document in the bundle (1) was signed by any purported signatory shown on its face; (2) was sent by any purported author to and was received by any purported addressee shown on its face; (3) was produced from the custody of the party indicated in the index; (4) is accurately described and dated in the index; and (5) is admissible evidence in the proceedings. However, only those documents specifically identified by witnesses or by counsel for the purpose will form part of the evidence.
(v) Individual documents may be proved and tendered as exhibits in the usual way where production by consent has been refused.
(vi) Compliance to the letter with these exhibits directions will not be expected for very short cases with but a few exhibits. Swift track cases will often be in that category. Counsel should take a common sense approach to such cases.
3. Upon advice of a fixture date the parties and their counsel shall immediately check that all witnesses are available for the hearing week allocated and advise the Court in writing within 14 days of the date of receipt of the fixture notice of any wish to vacate the fixture on account of non-availability of witnesses. A copy of that advice is to be provided to all other parties and if any opposes allocation of another fixture date they must similarly notify the Court forthwith.
Notes