77. Directions questionnaire
(1) If a defendant files a defence, and if the circumstances of the case so require, a Court officer will issue each party with a notice which will specify any matter to be complied with by the date specified in the notice (the "specified date") and/or may require the parties to file a completed directions questionnaire, serve copies on all other parties and file proposed directions by the specified date.
(2) Where there are two or more defendants and at least one of them files a defence, and if the circumstances of the case so require, the Court will issue a notice under paragraph (1) when all the defendants have filed a defence or when the period for the filing and serving of the last defence has expired, whichever is the sooner.
(3) Where a notice is issued under paragraph (1), the specified date may not be varied by agreement between the parties.
(4) If a party does not comply with the notice by the specified date, the Court will make such order as it considers appropriate.
(5) Where the Court makes an order under paragraph (4), a party who was in default will not normally be entitled to an order for the costs of any application to set aside or vary that order nor of attending any case management conference and will, unless the Court thinks it unjust to do so, be ordered to pay the costs that the default caused to any other party.
|Amended on June 20, 2018|
|Amended on February 25, 2019|