District Court Amendment (Time Limits) Rule 2004 (NSW)

2004 No 477

New South Wales

District Court Amendment (Time

Limits) Rule 2004

under the

District Court Act 1973

The District Court Rule Committee made the following rule of court under the

District Court Act 1973 on 15 June 2004.

A Grew

Secretary of the Rule Committee

Explanatory note

The object of this Rule is to amend Part 26 of the District Court Rules 1973 to expand the power of the Court to impose time limits in respect of the presentation of certain matters during a trial.

Published in Gazette No 120 of 16 July 2004, page 5915	Page 1
2004 No 477
Clause 1	District Court Amendment (Time Limits) Rule 2004

District Court Amendment (Time Limits) Rule 2004

under the

District Court Act 1973

1      Name of Rule

This Rule is the District Court Amendment (Time Limits) Rule 2004.

2 Amendment of District Court Rules 1973

The District Court Rules 1973 are amended as set out in Schedule 1.

2004 No 477

District Court Amendment (Time Limits) Rule 2004

Amendment	Schedule 1
Schedule 1 Amendment

(Clause 2)

Part 26, rule 5B

Insert after rule 5AA:

5B	Time etc limits at trial
(1) At any time before or during a trial, the Court may by direction do any or all of the following:

(a)

limit the time to be taken in examining, cross-examining or re-examining a witness,

(b)

limit the number of witnesses (including expert witnesses) that a party may call,

(c)

limit the time to be taken in making any oral submissions,

(d)

limit the time to be taken by a party in presenting its case,

(e)

limit the time to be taken by the trial,

(f)

amend a direction made under this rule.

(2)

Any such direction must not detract from the principle that each party is entitled to a fair trial, and must be given a reasonable opportunity to lead evidence, cross-examine witnesses and make submissions.

(3)

In deciding whether to make any such direction, the Court may have regard to the following matters in addition to any other matters that may be relevant:

(a)	the subject matter, complexity or simplicity of the case,
(b)	the number of witnesses to be called,
(c)	the volume and character of the evidence to be led,
(d)	the time expected to be taken for the trial,
(e)	the need to place a reasonable limit on the time allowed for the trial,
(f)	the efficient administration of the Court lists,
(g)	the interests of parties to other proceedings before the Court.

2004 No 477

District Court Amendment (Time Limits) Rule 2004

Schedule 1 Amendment

(4)

The Court may, at any time, direct a solicitor or barrister for a
party to give to the party a memorandum stating:

(a)	the estimated length of the trial and the estimated costs and disbursements of the solicitor or barrister, and
(b)	the estimated costs that would be payable by the party to another party if the party were unsuccessful at trial.

BY AUTHORITY