pre-trial checklists

When a date is fixed for trial (otherwise known as the final hearing) or a trial window is laid down in litigation, the court will also require the parties to file pre-trial checklists to ascertain the status of preparation of the parties for the trial. These forms are also referred to as listing questionnaires. The parties to the litigation will usually have 14 days to complete the reviews and file them with the court unless they have been dispensed with; cost estimates for the trial are filed simultaneously. Courts maintain a discretion to dispense with pre-trial checklists.

Pre-trial checklists are also used to ensure that parties have complied with the directions of the court that have been made previously in the litigation, assist the time that should be allocated by the court for the trial, the dates upon which to fix the trial. The court may require the parties to attend a listing hearing or pre-trial review if the pre-trial checklists do not provide adequate information or the court otherwise considers it necessary to convene a pretrial hearing for the purposes of determining the steps that are required to be completed prior to commencement of the trial.

Court fees are payable by the claimant when filing of the checklist. If a case is to proceed on a counterclaim alone, the court fee must be paid by the defendant. The fee is payable by the claimant when filing the pre-trial checklist, which differs for litigation in the High Court and County Courts. The court may exercise its discretion to strike-out the claim or counterclaim if the fees are not paid following service of a reminder.

Usage: The parties to the litigation filed their pre-trial checklists.

Related Words: listing questionnaire; pre-trial review; case management conference; listing hearing; allocation questionnaire; allocation listing; listing hearing; case management directions; final hearing; small claims track; fast track; multi-track.