Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 34

PRE-TRIAL REVIEW AND FIXING DATE FOR TRIAL OF ACTIONS BEGUN BY WRIT

1. Application and interpretation (O. 34, r. 1)

(1) This Order applies to all actions begun by writ.

(2) In this Order-

"notice of application" (申請通知書) means a notice under rule 3 applying
for a pre-trial review;

"notice in response" (回應通知書) means a notice under rule 4 responding
to a notice of application;

"pre-trial review" (審訊前的覆核) means a pre-trial review under rule 7.

2. Plaintiff's default in applying for pre-trial review
(O. 34, r. 2)

Where the plaintiff fails to apply for a pre-trial review within the period
fixed by a direction made or taking effect under Order 23A, rule 4, 5 or 9, or
otherwise, any defendant may apply for a pre-trial review or may apply to
the Court to dismiss the action for want of prosecution and, on the hearing of
any such application, the Court may order the action to be dismissed or may
make such order as it thinks just.

3. Application for pre-trial review (O. 34, r. 3)

(1) Except where the Court otherwise allows, an application for a
pre-trial review shall be made by a notice of application filed in the
Registry which must be served on all the other parties within 2 days of the
date of filing.

(2) A notice of application shall state-

   (a)  whether all the directions or orders which have been made or have
        taken effect in the action have been fully complied with and, if not,
        which of them have not been complied with and in what respects there
        has been non-compliance;

   (b)  whether the applicant desires any further direction or order for the
        future course of the action and, if so, what further direction or
        order he desires;

   (c)  whether the applicant intends to call any witnesses other than expert
        witnesses, and, if so-

        (i)    how many witnesses will be called and in what language each of
               them will give his evidence; and

        (ii)   where no order has been made for the exchange of witness
               statements under Order 38, rule 2A, whether there is any and if
               so what good reason for there to be no such order;

   (d)  where any party has served an expert's report pursuant to any
        direction therefor, whether the report has been agreed, and, if not,
        what steps have been taken to secure such agreement;

   (e)  the applicant's estimate of the length of trial;

   (f)  whether the applicant contends that it is appropriate in all the
        circumstances to fix a date for trial and, if not, why not; and

   (g)  any other matters which the applicant considers to be material for the
        pre-trial review.

(3) Where a notice of application states that a further direction or order is
desired, the notice shall be treated for the purposes of these Rules as a
summons for the further direction or order specified in the notice.

(4) The applicant shall, when filing the notice of application, lodge in the
Registry a bundle of all the documents (if any) which are material to the
pre-trial review and have not been filed in the Registry, including any
experts' reports and any material correspondence between the parties, and
the applicant shall serve written notice of the lodging of all such documents
to all the other parties at the same time as he serves the
notice of application.

4. Duty of parties on whom notice of 
application is served (O. 34, r. 4)

(1) Every party whom a notice of application is served shall, within 14 days
after service thereof, file in the Registry and, within 2 days thereafter,
serve on all the other parties, a notice in response.

(2) Rule 3(2) and (3) shall apply to a notice in response, with the
modifications that the expressions "notice of application" and "the applicant"
shall be taken to refer to a notice in response and the party issuing such a
notice.

5. Default by party on whom notice of application
is served (O. 34, r. 5)

Where a party on whom a notice of application is served fails to serve a
notice of response within the period fixed under rule 4(1) or such further
time as may be agreed between all the parties or allowed by the Court, the 
applicant for a pre-trial review may apply to the Court to dismiss the action
or strike out the defence, as the case may be, and, on the hearing of any such
application, the Court may order the action to be dismissed or the defence
struck out as the case may be and judgment to be entered accordingly or may
make such other order as it thinks just.

6. Circumstances in which an oral hearing of a pre-trial
review to take place (O. 34, r. 6)

(1) The Court shall conduct a pre-trial review without an oral hearing except
where-

   (a)  the Court orders an oral hearing of its own motion; or

   (b)  within 7 days after the filing of a notice in response (or, if there
        is more than one notice in response, the date of the filing of the
        notice in response last filed) any of the parties, by written notice
        to the Registrar and all the other parties, requests an oral hearing.

(2) Where a pre-trial review is conducted without an oral hearing, any party
may, within 7 days after the expiry of the period of notice referred to in
paragraph (1)(b), make representations in writing to the  Court and the Court
shall conduct the pre-trial review as soon as practicable thereafter.

7. Pre-trial review (O. 34, r. 7)

(1) At the pre-trial review, if the Court is satisfied that the action is
ready for trial, the Court shall grant leave for the action to be set down or
fix a date for trial and specify the place and mode of trial.

(2) At the pre-trial review, if the Court is not satisfied that the action is
ready for trial, the Court shall-

   (a)  give all such directions and make all such orders as are required in
        order to get the action ready for trial; and

   (b)  adjourn the pre-trial review to a fixed date and on that date proceed
        in accordance with paragraph (1) or this paragraph.

(3) In exercising its powers under paragraph (2)(a), Order 23A, rules 9 to 12
and 14, shall apply as if the pre-trial review were a directions hearing under
that Order. >

8. Costs (O. 34, r. 8)

(1) If, at a pre-trial review, the Court is of the opinion that a party acted
unreasonably in requesting an oral hearing of the pre-trial  review, the Court
may order that party to pay all the costs wasted by his unreasonableness,
including the cost of the oral hearing.

(2) If, at a pre-trial review, the Court is of the opinion that the action is
not ready for trial because of the failure by any party to comply with any
direction or order, the Court may order that party to pay the costs of the
pre-trial review and make such other order as to costs as the Court thinks fit
having regard to the failure of that party to comply with the direction or
order.

9. Abatement, etc., of action (O. 34, r. 9)

(1) Where after a pre-trial review the action becomes abated, or the interest
or liability of any party to the action is assigned or transmitted to or
devolves on some other person, the solicitor for the plaintiff or other party
having the conduct of the action must, as soon as practicable after becoming
aware of it, certify the abatement or change of interest or liability and send
the certificate to the Registrar who shall cause the appropriate entry to be
made in the list of actions set down for trial.

(2) Where in any such list an action stands for one year marked as abated or
ordered to stand over generally, the action shall on the expiration of that
year be struck out of the list unless, in the case of an action ordered to
stand over generally, the order otherwise provides.