Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 34

SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT

(Past version on 01/09/2000).

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

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

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

(1) Unless the Court has fixed a trial date or a period in which the trial is
to take place under Order 25, rule 2(2)(b) or (3)(b), an order made in an
action which provides for trial before a judge must 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-

   (a)  set the action down for trial; or

   (b)  apply to the Court to dismiss the action for want of prosecution.

(3) On the hearing of an application made under paragraph (2)(b), the Court
may order the action to be dismissed accordingly or may make such order as it
thinks just.

(4) An order made in an action which provides for trial before a judge
(otherwise than in any list which may be specified for the purposes of this
paragraph by directions under rule 4) must-

   (a)  contain an estimate of the length of the trial; and

   (b)  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 shall 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-

        (i)    pursuant to the questionnaire completed in accordance with
               Order 25, rule 1(1)(a);

        (ii)   pursuant to a case management summons; and

        (iii)  at a case management conference;

   (d)  the requisite legal aid documents, if any; and

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

(2) The 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 must 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.

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

Nothing in this Order prejudices 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.

5. Notification of setting down
(O. 34, r. 5)

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

(2) It is the duty of all parties to an action entered in any list to-

   (a)  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

   (b)  if the action is settled or withdrawn, 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 sanctioned payment or a sanctioned offer in
accordance with Order 22, shall at the same time lodge a copy of the notice
with the officer mentioned in that paragraph.

6. Abatement, etc., of action
(O. 34, r. 6)

(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 shall, as soon as
practicable after becoming aware of it-

   (a)  certify the abatement or change of interest or liability; and

   (b)  send the certificate to the officer who keeps the list.

(2) That officer shall cause the appropriate entry to be made in the list of
actions set down for trial.

(3) Where in any such list an action stands for one year marked as abated or
ordered to stand over generally, the action must 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. (L.N. 153 of 2008)

"the requisite legal aid documents" (必需的法律援助文件)