62Directions as to conduct of hearing

#### 62 Directions as to conduct of hearing 62 Directions as to conduct of hearing (cf Act No 52 1970, section 87; Act No 9 1973, section 77 (4); SCR Part 34, rules 6 and 6AA) > > (1) The court may, by order, give directions as to the conduct of any hearing, including directions as to the order in which evidence is to be given and addresses made. > > > (2) The court may, by order, give directions as to the order in which questions of fact are to be tried. > > > (3) Without limiting subsections (1) and (2), the court may, by order, give any of the following directions at any time before or during a hearing— > > > > > (a) a direction limiting the time that may be taken in the examination, cross-examination or re-examination of a witness, > > > > > (b) a direction limiting the number of witnesses (including expert witnesses) that a party may call, > > > > > (c) a direction limiting the number of documents that a party may tender in evidence, > > > > > (d) a direction limiting the time that may be taken in making any oral submissions, > > > > > (e) a direction that all or any part of any submissions be in writing, > > > > > (f) a direction limiting the time that may be taken by a party in presenting his or her case, > > > > > (g) a direction limiting the time that may be taken by the hearing. > > > (4) A direction under this section must not detract from the principle that each party is entitled to a fair hearing, and must be given a reasonable opportunity— > > > > > (a) to lead evidence, and > > > > > (b) to make submissions, and > > > > > (c) to present a case, and > > > > > (d) at trial, other than a trial before the Local Court sitting in its Small Claims Division, to cross-examine witnesses. > > > (5) In deciding whether to make a direction under this section, the court may have regard to the following matters in addition to any other matters that the court considers relevant— > > > > > (a) the subject-matter, and the 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 need to place a reasonable limit on the time allowed for any hearing, > > > > > (e) the efficient administration of the court lists, > > > > > (f) the interests of parties to other proceedings before the court, > > > > > (g) the costs that are likely to be incurred by the parties compared with the quantum of the subject-matter in dispute, > > > > > (h) the court’s estimate of the length of the hearing. > > > (6) At any time, the court may, by order, 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, if the party were unsuccessful at trial, would be payable by the party to any other party. > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\]. > > **s 62:** Am 2007 No 94, Sch 2.