Hong Kong Regulations

THE RULES OF THE SUPREME COURT - ORDER 34

SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT

Caution: This is a past version. See the current version here.

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

(1) This Order applies to actions begun by writ and, accordingly, references
in this Order to an action shall be construed as references to an action so
begun.

2. Time for setting down action (O. 34, r. 2)

(1) Every order made in an action which provides for trial before a judge
shall, whether the trial is to be with or without a jury, fix a period within
which the plaintiff is to set down the action for trial.

(2) Where the plaintiff does not, within the period fixed under paragraph (1),
set the action down for trial, the defendant may set the  action down for
trial 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 accordingly or may make such order as it thinks just.

(3) Every order made in an action which provides for trial before a judge
(otherwise than in the commercial list or in any list which may be specified
for the purposes of this paragraph by directions under rule 4) shall contain
an estimate of the length of the trial and, shall, subject to any such
directions, specify the list in which the action is to be put.

3. Lodging documents when setting down (O. 34, r. 3)

(1) In order to set down for trial an action which is to be tried before a
Judge, the party setting it down must deliver to the Registrar, by post or
otherwise, a request that the action may be set down for trial, together with
a bundle (for the use of the judge) consisting of one copy each of the
following documents that is to say-

   (a)  the writ,

   (b)  the pleadings (including any affidavits ordered to stand as pleadings)
        any request or order for particulars and the particulars given,

   (c)  all orders made on the summons for directions, (L.N. 223 of 1995)

   (d)  the requisite legal aid documents, if any, and (L.N. 223 of 1995)

   (e)  all witness statements served under the provisions of Order 38, rule
        2A. (L.N. 223 of 1995)

(2) The said bundle must be bound up in the proper chronological order, save
that voluntary particulars of any pleading and particulars to which Order 18,
rule 12(7) applies shall be placed immediately after the pleading to which
they relate.

(3) In this rule "the requisite legal aid documents"
(必需的法律援助文件) means any documents which are required to be
filed in the Registry under the Legal Aid Ordinance ( Cap 91) or the
regulations made thereunder. (L.N. 165 of 1992)

4. Directions relating to lists (O. 34, r. 4)

Nothing in this Order shall prejudice any powers of the Chief Justice to give
directions-

   (a)  specifying the lists in which actions, or actions of any class or
        description, are to be set down for trial and providing for the
        keeping and publication of the lists;

   (b)  providing for the determination of a date for the trial of any action
        which has been set down or a date before which the trial thereof is
        not to take place; and

   (c)  as to the making of applications (whether to the Court or an officer
        of the Court) to fix, vacate or alter any such date, and, in
        particular, requiring any such application to be supported by an
        estimate of the length of the trial and any other relevant
        information.

8. Notification of setting down (O. 34, r. 8)

(1) A party to an action who sets it down for trial must, within 24 hours
after doing so, notify the other parties to the action that he has done so.

(2) It shall be the duty of all parties to an action entered in any list to
furnish without delay to the officer who keeps the list all available
information as to the action being or being likely to be settled, or affecting
the estimated length of the trial, and, if the  action is settled or
withdrawn, to notify that officer of the fact without delay and take such
steps as may be necessary to withdraw the record.

(3) In performance of the duty imposed by paragraph (2), a plaintiff who gives
notice of acceptance of a payment into court in accordance with Order 22, rule
3(1), shall at the same time lodge a copy of the notice with the officer
mentioned in that paragraph.

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

(1) Where after an action has been set down for trial 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 officer who keeps the
list, and that officer 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. (Enacted 1988) "the
requisite legal aid documents" (必需的法律援助文件)