Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 25

CASE MANAGEMENT SUMMONS AND CONFERENCE

1. Case management summons and
conference (O. 25, r. 1)

(1) For the purpose of facilitating the giving of directions for the
management of a case, each party shall, within 28 days after the pleadings in
an action to which this rule applies are deemed to be closed-

   (a)  complete a questionnaire prescribed in a practice direction issued for
        that purpose by providing the information requested in the manner
        specified in the questionnaire; and

   (b)  serve it on all other parties or file it with the Court in the manner
        specified in the practice direction.

(2) Where, upon completion of the questionnaire, the parties are able to reach
an agreement on-

   (a)  the directions relating to the management of the case that they wish
        the Court to make; or

   (b)  a timetable for the steps to be taken between the date of the giving
        of those directions and the date of the trial, they shall procure an
        order to that effect by way of a consent summons.

(3) Where there is no agreement on any of the matters specified in paragraph
(2)(a) and (b)-

   (a)  each party shall in the questionnaire make a proposal on the matter;
        and

   (b)  the plaintiff shall, within the period specified in the
        practice direction, take out a summons (in these Rules referred to as
        a case management summons) returnable in not less than 14 days, so
        that the  Court may give directions relating to the management of the
        case.

(4) This rule applies to all actions begun by writ except-

   (a)  actions in which the plaintiff or defendant has applied for judgment
        under Order 14, or in which the plaintiff has applied for judgment
        under Order 86, and directions have been given under the relevant
        Order;

   (b)  actions in which the plaintiff or defendant has applied under Order
        18, rule 21, for trial without pleadings or further pleadings and
        directions have been given under that rule;

   (c)  actions in which an order has been made under Order 24, rule 4, for
        the trial of an issue or question before discovery;

   (d)  actions in which directions have been given under Order 29, rule 7;

   (e)  actions in which an order for the taking of an account has been made
        under Order 43, rule 1;

   (f)  actions in which an application for transfer to a specialist list is
        pending; and

   (g)  actions for personal injuries for which automatic directions are
        provided by rule 11.

(5) If the plaintiff does not file the questionnaire in accordance with
paragraph (1)(b) or take out a case management summons in accordance with
paragraph (3)(b), the defendant or any defendant may-

   (a)  take out a case management summons; or

   (b)  apply for an order to dismiss the action.

(6) On an application by a defendant to dismiss the action under paragraph
(5), the Court may either dismiss the action on such terms as may be just or
deal with the application as if it were a case management summons.

(7) In the case of an action which is proceeding only as respects a
counterclaim, references in this rule and rule 2(1)(c) to the plaintiff and
defendant are to be construed respectively as references to the party making
the counterclaim and the defendant to the counterclaim.

(8) Notwithstanding anything in paragraph (3), any party to an action to which
this rule applies may take out a case management summons at any time after the
defendant has given notice of intention to defend, or, if there are two or
more defendants, at least one of them has given such notice.

2. Case management timetable
(O. 25, r. 2)

(1) Subject to paragraph (4), as soon as practicable after the completed
questionnaire has been filed with the Court, the Court shall, having regard to
the questionnaire and the needs of the case-

   (a)  give directions relating to the management of the case and fix the
        timetable for the steps to be taken between the date of the giving of
        those directions and the date of the trial;

   (b)  fix a case management conference if the Court is of the opinion that
        it is desirable to do so; or

   (c)  direct the plaintiff to take out a case management summons if he has
        not already done so under rule 1(3)(b).

(2) Where the Court has fixed a case management conference, it shall-

   (a)  give directions relating to the management of the case and fix the
        timetable for the steps to be taken between the date of the giving of
        those directions and the date of the case management conference; and

   (b)  at the case management conference, fix a timetable for the steps to be
        taken between the date of the conference and the date of the trial,
        and the timetable must include-

        (i)    a date for a pre-trial review; or

        (ii)   the trial date or the period in which the trial is to take
               place.

(3) Where the Court has not fixed a case management conference, any timetable
fixed under paragraph (1)(a) must include-

   (a)  a date for a pre-trial review; or

   (b)  the trial date or the period in which the trial is to take place.

(4) The Court may, without a hearing of the case management summons and having
regard to the completed questionnaire, by an order nisi, give directions
relating to the management of the case and fix the timetable for the steps to
be taken between the date of the giving of those directions and the date of
the trial.

(5) The order nisi becomes absolute 14 days after the order is made unless a
party has applied to the Court for varying the order.

(6) The Court shall, on an application made under paragraph (5), hear the case
management summons.

3. Variation of case management
timetable (O. 25, r. 3)

(1) The Court may, either of its own motion or on the application of a party,
give further directions relating to the management of the case or vary any
timetable fixed by it under rule 2.

(2) A party may apply to the Court if he wishes to vary a milestone  date.

(3) The Court shall not grant an application under paragraph (2) unless there
are exceptional circumstances justifying the variation.

(4) A non-milestone date may be varied by procuring an order to that effect by
way of a consent summons.

(5) A party may apply to the Court if he wishes to vary a non-milestone date
without the agreement of the other parties.

(6) The Court shall not grant an application under paragraph (5) unless
sufficient grounds have been shown to it.

(7) Whether or not sufficient grounds have been shown to it, the  Court shall
not grant an application under paragraph (5) if the variation would make it
necessary to change a trial date or the period in which the trial is to take
place.

(8) In this rule-

"milestone date" (進度指標日期) means-

   (a)  a date which the Court has fixed for-

        (i)    a case management conference;

        (ii)   a pre-trial review; or

        (iii)  the trial; or

   (b)  a period fixed by the Court in which a trial is to take place;

"non-milestone date" (非進度指標日期) means a date or period fixed by
the Court,
other than a date or period specified in the definition of "milestone date".

4. Failure to appear at case
management conference or
pre-trial review (O. 25, r. 4)

(1) Where the plaintiff does not appear at the case management conference or
pre-trial review, the Court shall provisionally strike out the plaintiff's
claim.

(2) Where the defendant has made a counterclaim in the action and he does not
appear at the case management conference or pre-trial review, the Court shall
provisionally strike out the defendant's counterclaim.

(3) Where the Court has provisionally struck out a claim or counterclaim under
paragraph (1) or (2), the plaintiff or the defendant may, before the expiry of
3 months from the date of the case management conference or pre-trial review,
as the case may be, apply to the Court for restoration of the claim or
counterclaim.

(4) The Court may restore the claim or counterclaim subject to such conditions
as it thinks fit or refuse to restore it.

(5) The Court shall not restore the claim or counterclaim unless good reasons
have been shown to the satisfaction of the Court.

(6) If the plaintiff or the defendant does not apply under paragraph (3) or
his application under that paragraph is refused, then-

   (a)  the plaintiff's claim or the defendant's counterclaim stands dismissed
        upon the expiry of 3 months from the date of the case management
        conference or pre-trial review, as the case may be; and

   (b)  (i) in the case of the plaintiff's claim, the defendant is entitled to
        his costs of the claim; and

        (ii)   in the case of the defendant's counterclaim, the plaintiff is
               entitled to his costs of the counterclaim.

5. Duty to consider all matters
(O. 25, r. 5)

(1) When the case management summons first comes to be determined, the Court
shall consider whether-

   (a)  it is possible to deal then with all the matters which, by the rules
        of this Order, are required to be considered at the case management
        summons; or

   (b)  it is expedient to adjourn the consideration of all or any of those
        matters until a later stage.

(2) If when the case management summons first comes to be determined,
the Court considers that it is possible to deal then with all the matters
referred to in paragraph (1), it shall-

   (a)  deal with them forthwith; and

   (b)  endeavour to secure that all other matters which must or can be dealt
        with on interlocutory applications and have not already been dealt
        with are also then dealt with.

(3) If, when the case management summons first comes to be determined,
the Court considers that it is expedient to adjourn the consideration of all
or any of the matters which, by the rules of this Order, are required to be
considered at the case management summons, the  Court shall-

   (a)  deal forthwith with such of those matters as it considers can
        conveniently be dealt with forthwith and adjourn the consideration of
        the remaining matters; and

   (b)  endeavour to secure that all other matters which must or can be dealt
        with on interlocutory applications and have not already been dealt
        with are dealt with either then or at such time as the Court may
        specify.

(4) Subject to paragraph (5), and except where the parties agree to the making
of an order under Order 33 as to the place or mode of trial before all the
matters which, by the rules of this Order, are required to be considered at
the case management summons have been dealt with, no such order shall be made
until all those matters have been dealt with.

(5) If, at the determination of the case management summons, an action is
ordered to be transferred to the Court of First Instance or some other court,
paragraph (4) does not apply and nothing in this Order shall be construed as
requiring the Court to make any further order at the case management summons.

(6) If the determination of the case management summons is adjourned without a
day being fixed for its resumption, any party may restore the summons to the
list on 2 days' notice to the other parties.

6. Particular matters for consideration
(O. 25, r. 6)

At the determination of the case management summons, the Court shall in
particular consider, if necessary of its own motion, whether any order should
be made or direction given in the exercise of the powers conferred by any of
the following provisions, that is to say-

   (a)  any provision of Part IV and Part V of the Evidence Ordinance ( Cap 8)
        (hearsay evidence of fact or opinion in civil proceedings) or of Part
        III and Part IV of Order 38;

   (b)  Order 20, rule 5 and Order 38, rules 2 to 7;

   (c)  sections 41 and 42 of the Ordinance.

7. Admissions and agreements to
be made (O. 25, r. 7)

At the determination of the case management summons, the Court-

   (a)  shall endeavour to secure that the parties make all admissions and all
        agreements as to the conduct of the proceedings which ought reasonably
        to be made by them; and

   (b)  may cause the order on the summons to record-

        (i)    any admissions or agreements so made; and

        (ii)   (with a view to such special order, if any, as to costs as may
               be just being made at the trial) any refusal to make any
               admission or agreement.

8. Limitation of right of appeal
(O. 25, r. 8)

Nothing in rule 7 shall be construed as requiring the Court to endeavour to
secure that the parties shall agree to exclude or limit any right of appeal,
but the order made on the case management summons may record any such
agreement.

9. Duty to give all information at
determination of case management
summons (O. 25, r. 9)

(1) Subject to paragraph (5), no affidavit shall be used at the determination
of the case management summons except by the leave or directions of the Court.

(2) Subject to paragraph (7), it is the duty of the parties to the action and
their advisers to give all such information and produce all such documents as
the Court may reasonably require for the purposes of enabling it properly to
deal with the summons.

(3) The Court may, if it appears proper so to do in the circumstances,
authorize any such information or documents to be given or produced to
the Court without being disclosed to the other parties.

(4) In the absence of such authority, any information or document given or
produced under paragraph (2) shall be given or produced to all the parties as
well as to the Court.

(5) No leave is required by virtue of paragraph (1) for the use of an
affidavit by any party at the determination of the case management summons in
connection with any application thereat for any order if, under any of these
Rules, an application for such an order is required to be supported by an
affidavit.

(6) If the Court at the determination of the case management summons requires
a party to the action or his solicitor or counsel to give any information or
produce any document and that information or document is not given or
produced, then, subject to paragraph (7), the Court may-

   (a)  cause the facts to be recorded in the order with a view to such
        special order, if any, as to costs as may be just being made at the
        trial; or

   (b)  if it appears to the Court to be just so to do-

        (i)    order the whole or any part of the pleadings of the party
               concerned to be struck out; or

        (ii)   if the party is plaintiff or the claimant under a counterclaim,
               order the action or counterclaim to be dismissed on such terms
               as may be just.

(7) Notwithstanding anything in this rule, no information or documents which
are privileged from disclosure are required to be given or produced under this
rule by or by the advisers of any party otherwise than with the consent of
that party.

10. Duty to make all interlocutory
applications at case management
summons (O. 25, r. 10)

(1) Any party to whom the case management summons is addressed must-

   (a)  so far as practicable apply at the time fixed for determination of the
        summons for any order or directions which he may desire as to any
        matter capable of being dealt with on an interlocutory application in
        the action; and

   (b)  not less than 7 days before the time fixed for determination of the
        summons, serve on the other parties a notice specifying those orders
        and directions in so far as they differ from the orders and directions
        asked for by the summons.

(2) If-

   (a)  the determination of the case management summons is adjourned; and

   (b)  any party to the proceedings desires to apply for any order or
        directions not asked for by the summons or in any notice given under
        paragraph (1), he must, not less than 7 days before the resumption of
        the determination of the summons, serve on the other parties a notice
        specifying those orders and directions in so far as they differ from
        the orders and directions asked for by the summons or in any notice
        given under paragraph

(1).

(3) Any application subsequent to the case management summons and before
judgment as to any matter capable of being dealt with on an interlocutory
application in the action must be made under the summons by 2 clear days'
notice to the other party stating the grounds of the application.

11. Automatic directions in personal
injury actions (O. 25, r. 11)

(1) When the pleadings in any action to which this rule applies are deemed to
be closed, the following directions take effect automatically-

   (a)  there shall be discovery of documents within 14 days in accordance
        with Order 24, rule 2, and inspection within 7 days thereafter, save
        that where liability is admitted, or where the action arises out of a 
        road accident, discovery shall be limited to disclosure by the
        plaintiff of any documents relating to special damages;

   (b)  photographs, a sketch plan and the contents of any police accident
        report shall be receivable in evidence at the trial and shall be
        agreed if possible;

   (c)  the record of any proceedings in any court or tribunal shall be
        receivable in evidence upon production of a copy thereof certified as
        a true copy by the clerk or other appropriate officer of the court or
        tribunal.

(2) Nothing in paragraph (1)-

   (a)  prevents any party to an action to which this rule applies from
        applying to the Court for such further or different directions or
        orders as may, in the circumstances, be appropriate; or

   (b)  prevents the making of an order for the transfer of the proceedings to
        the Court of First Instance.

(3) For the purpose of this rule-

"a road accident" (道路意外) means an accident on land due to a collision
or apprehended collision involving a vehicle;

"documents relating to special damages" (關於專項損害賠償的文件)
include-

   (a)  documents relating to any industrial injury, industrial disablement or
        sickness benefit rights; and

   (b)  where the claim is made under the Fatal Accidents Ordinance ( Cap 22),
        documents relating to any claim for dependency on the deceased.

(4) This rule applies to any action for personal injuries except-

   (a)  any Admiralty action; and

   (b)  any action where the pleadings contain an allegation of a negligent
        act or omission in the course of medical treatment.

12. Application to action in specialist
list (O. 25, r. 12)

Notwithstanding anything in this Order, a specialist judge may, by a
practice direction, determine the extent to which this Order is to apply to an
action in a specialist list.

13. Transitional
(O. 25, r. 13)

(1) Where immediately before the commencement* of this Order, a summons for
directions taken out under rule 7 of the repealed Order 23A is pending, then
the summons for directions is deemed to be-

   (a)  if it was taken out by the plaintiff, a case management summons taken
        out under rule 1(3)(b); or

   (b)  if it was taken out by the defendant, a case management summons taken
        out under rule 1(5).

(2) Where before the commencement of this Order-

   (a)  the Court has given a direction requiring the plaintiff to apply for a
        pre-trial review under the repealed Order 34 or a memorandum setting
        out such a direction has been filed under rule 4 of the repealed 
        Order 23A; and

   (b)  the plaintiff has not made the application in accordance with the
        direction, then the direction is deemed to be a direction requiring
        the plaintiff to take out a case management summons under rule
        1(3)(b).

(3) Where immediately before the commencement of this Order, an application
for a pre-trial review made under the repealed Order 34 is pending, then the
application is deemed to be a case management summons taken out under this
Order, irrespective of whether a notice in response has been filed under
the repealed Order 34.

(4) Where before the commencement of this Order, the pleadings in an action to
which this rule applies are deemed to have been closed and paragraphs (1), (2)
and (3) are not applicable, then rule 1(1) has effect as if for the words "the
pleadings in an action to which this rule applies are deemed to be closed",
there were substituted the words "the commencement of this Order".

(5) In this rule- "repealed Order 23A" (已廢除的第23號命令) means
Order 23A repealed by rule 78 of the Amendment Rules 2008;

"repealed Order 34" (已廢除的第34號命令) means Order 34 repealed by
rule 151 of the Amendment Rules 2008. (L.N. 153 of 2008)
___________________________________________________________________________
______________ Note:

* Commencement day: 2 April 2009.

"milestone date" (進度指標日期)

"non-milestone date" (非進度指標日期)

"a road accident" (道路意外)

"documents relating to special damages" (關於專項損害賠償的文件)

"repealed Order 23A" (已廢除的第23號命令)

"repealed Order 34" (已廢除的第34號命令)