Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 25

CASE MANAGEMENT SUMMONS AND CONFERENCE*

(Past version on 01/07/1997).
(Past version on 30/06/1997).

1. Case management summons and conference
(O. 25, r. 1) (L.N. 152 of 2008)

(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 and file it with the Court in the manner
        specified in the practice direction. (L.N. 152 of 2008)

(1A) 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. (L.N. 152 of 2008)

(1B) Where there is no agreement on any of the matters specified in paragraph
(1A)(a) and (b)-

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

   (b)  the plaintiff shall, within the time 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.
        (L.N. 152 of 2008)

(2) 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 the commercial list is
        pending;

   (h)  actions for the infringement of a patent; and

(j) actions for personal injuries for which automatic directions are provided
by rule 8.

   (k)  (Repealed L.N. 152 of 2008)

(3) (Repealed L.N. 152 of 2008)

(4) 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 (1B)(b), the defendant or any defendant may-

   (a)  take out a case management summons; or

   (b)  apply for an order to dismiss the action. (L.N. 152 of 2008)

(5) On an application by a defendant to dismiss the action under paragraph (4)
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.

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

(7) Notwithstanding anything in paragraph (1B), 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. (L.N. 152
of 2008)

1A. Case management timetable
(O. 25, r. 1A)

(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(1B)(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. (L.N. 152 of 2008)

1B. Variation of case management
timetable (O. 25, r. 1B)

(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 1A.

(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".
(L.N. 152 of 2008)

1C. Failure to appear at case management
conference or pre-trial review
(O. 25, r. 1C)

(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. (L.N. 152 of 2008)

2. Duty to consider all matters (O. 25, r. 2)

(1) When the case management summons first comes to be determined, the Court
shall consider whether- (L.N. 152 of 2008)

   (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 said matters, it shall
deal with them forthwith and shall 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 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 shall
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 District Court or some other court, paragraph
(4) shall not apply and nothing in this Order shall be construed as requiring
the Court to make any further order at the case management summons.

(7) 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. (L.N. 152 of 2008)

3. Particular matters for consideration (O. 25, r. 3)

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- (L.N. 152 of 2008)

   (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)  section 43 of the District Court Ordinance ( Cap 336). (L.N. 152 of
        2008)

4. Admissions and agreements to be made (O. 25, r. 4)

At the determination of the case management summons, the Court 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 may
cause the order on the summons to record any admissions or agreements so made,
and (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. (L.N.
152 of 2008)

5. Limitation of right of appeal (O. 25, r. 5)

Nothing in rule 4 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. (L.N. 152 of 2008)

6. Duty to give all information at determination of
case management summons (O. 25, r. 6) (L.N. 152 of 2008)

(1) Subject to paragraph (2), no affidavit shall be used at the determination
of the case management summons except by the leave or directions of the Court,
but, subject to paragraph (4), it shall be 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. 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 but, in the absence of such authority, any information or
document given or produced under this paragraph shall be given or produced to
all the parties as well as to the  Court. (L.N. 152 of 2008)

(2) No leave shall be 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. (L.N. 152 of 2008)

(3) 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 (4), the Court may- (L.N. 152 of 2008)

   (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, order the whole or any
        part of the pleadings of the party concerned to be struck out, or 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.

(4) Notwithstanding anything in the foregoing provisions of this rule, no
information or documents which are privileged from disclosure shall be
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.

7. Duty to make all interlocutory applications at case management summons (O.
25, r. 7) (L.N. 152 of 2008)

(1) Any party to whom the case management summons is addressed must 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 must, 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 the determination of the case management summons is adjourned and 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 such notice as aforesaid.

(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.
(L.N. 152 of 2008)

8. Automatic directions in personal injury actions (O. 25, r. 8)

(1) When the pleadings in any action to which this rule applies are deemed to
be closed the following directions shall 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)  -(c) (Repealed L.N. 152 of 2008)

   (d)  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; (HK)(dd) 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;

   (f)  -(g) (Repealed L.N. 99 of 1993)

(2) (Repealed L.N. 152 of 2008)

(3) Nothing in paragraph (1) shall prevent 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 prevent
the making of an order for the transfer of the proceedings to the
District Court. (L.N. 152 of 2008)

(4) 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; and

"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.

(5) 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.

9. (Repealed L.N. 152 of 2008)

10. Application to action in specialist
list (O. 25, r. 10)

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. (L.N. 152 of 2008)

11. Transitional provisions relating
to Part 11 of Amendment
Rules 2008 (O. 25, r. 11)

(1) A summons for directions taken out before the commencement# of the
Amendment Rules 2008 and pending immediately before the commencement is deemed
to be-

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

   (b)  if the summons for directions was taken out by a defendant, a case
        management summons taken out under rule 1(4)(a).

(2) Where the pleadings in an action to which rule 1 applies are deemed to be
closed but no summons for directions has been taken out before the
commencement of the Amendment Rules 2008, 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 the Amendment
Rules 2008". (L.N. 152 of 2008) (Enacted 1988)
___________________________________________________________________________
_____ Note:

* (Amended L.N. 152 of 2008) # Commencement day: 2 April 2009.

"a road accident" (道路意外)

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

"milestone date" (進度指標日期)

"non-milestone date" (非進度指標日期)