- Laws of Fiji

Last Updated: 1 August 2020

2 Pre-trial conference (O 34, R 2)

(1) The provisions of this Rule apply only in proceedings in which all the parties are represented by solicitors.

(2) Before an action may be set down for trial the solicitor acting for any of the parties shall make a written request to all the other solicitors acting for other parties to the action to attend a conference at a mutually convenient time and place, with the object of reaching agreement as to possible ways of curtailing the duration of the trial, and, in particular, as to all or any of the following matters—

(a)the possibility of obtaining admission of facts or documents;
(b)the holding of inspections and examinations;
(c)the discovery of documents;
(d)the exchange between parties of reports of experts;
(e)the plans, diagrams, photographs, models and similar articles to be used at the trial;
(f)the quantum of damages; and
(g)the consolidation of trials.

(3) If any solicitor refuses to attend such a conference, the solicitor requesting the same may apply to the Court for an order that such conference be held, and the Court may order that such conference be held at such time and place and for such purpose as shall be specified in the order, or may order that such conference need not be held.

(4) At the conclusion of any such conference the solicitors attending it shall draw up and sign a minute containing a succint statement of—

(a)the matters, if any, upon which they are agreed; and
(b)the issues whether or fact, law or procedure remaining for determination by the Court.

[para (4) subst LN 67 of 1993 r 7, effective 9 August 1993]

(5) When a solicitor sets an action down for trial or makes a written request for the date of the hearing thereof he or she must state in writing whether a pretrial conference under this Rule has been held and if not must state the reasons therefore.

[para (5) subst LN 67 of 1993 r 7, effective 9 August 1993]

(6) Before the trial proceeds the Judge may call to his or her chambers the solicitors representing the parties in the action with a view to bringing about an agreement on any matter likely to curtail the duration of the trial or save the costs.

(7) When giving judgment on the action the Court may award portions of the costs against any parties who should have agreed to certain matters at a pretrial conference but had refused to do so, if such an agreement would have curtailed the duration of the trial or saved the costs.