CIVIL 2 21/10/20

Procedure during trial (Case Management)

Must see whether our client has a merit to initiating a case (course of action)

Factor

 Has a good Course of Action

 Have statue bug (against the law)
 Look at tecnicallities
 Does not repetitive
 Potential parties
 Legal capacities (below 18 yrs)
 Court to initiating suit
 Other alternative to settle the case
 Before initiating suit must see capacity of parties (can pay or not if we win)

Rule has stated that rule must be follow before initiating suit

Order 34 ROC stated that court has power to set up when and how the case will begin (must
complete the pre-trial process)

Order 35

A trial will take place when the court fixes a date for the witness to give evidence

Ordinarily the plaintiff will begin the case

Exception (Order 35 rules 4(6))

Case: Kulandi Muthu v Subramaniam Velliappan

Where the nature of the defence is “confession and avoidance” example the defendant admits to
the act but seeks to avoid the legal consequences of the act then the defendant begin the case.

Order of speech

Where the defendant elect not to give evidence

1. Plaintiff opens its case

2. Plaintiff adduces evidence
3. Defendant elects not to adduce evidence
4. Plaintiff gives its closing speech O. 35 rules 4(3)

Where defendant elects to give evidence

1. Plaintiff opens case

2. Plaintiff adduces evidence
3. Defendant states case
4. Defendant adduces evidence
5. Plaintiff replies
6. Defendant makes closing speech
7. Defendant will respond if any new issues are raised by plaintiff Order 35 rules 4(7)