New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 75.11

75.11 Pre-trial procedures

(1) The procedures prescribed by this rule shall be complete before the trial of a case commences.

(2) This rule does not apply where the person charged with an offence pleads guilty to the offence or where the Judge dismisses the charge under section 249 (1) or 251 of the subject Act.

(3) In this rule, "trial" includes the hearing and determination of the case and the adjudication on the case under section 250 (a) of the subject Act.

(4) The Judge may, of his own motion or on the application of a party:

(a) make orders and give directions for the just and efficient disposal of the proceedings,

(b) without limiting the generality of paragraph (a), make such orders and give such directions as may be appropriate relating to:

(i) the giving by the plaintiff to the defendant of particulars or further and better particulars,

(ii) the giving by the plaintiff to the defendant of a list of persons who it is expected will be called to give evidence at the trial or, if the Judge thinks fit, who have made statements in writing but who it is expected will not be so called,

(iii) the giving by the plaintiff to the defendant of a copy of any statement made in writing by any person whose evidence it is expected will be given at the trial or, if that person has not made a statement in writing or if the Judge thinks fit, of a summary of the evidence which it is expected he will give at the trial,

(iv) the giving by the plaintiff to the defendant of a list of documents or things which it is expected will be tendered in evidence at the trial,

(v) the giving by the plaintiff to the defendant of copies of documents,

(vi) inspection by the defendant of documents or of property,

(vii) evidence, including evidence under section 69 of the Evidence Act,

(viii) any admission or consent of the defendant under section 184 of the Evidence Act 1995 , and

(ix) any alibi.

(5) The procedures prescribed by this rule are completed when the Judge certifies that in his opinion the pre-trial procedures prescribed by this rule have been completed.