1401Directions generally

1401 Directions generally (1) The court may, at any stage of a proceeding, give any direction about (2) The court may give a direction about the conduct of the proceeding (4) Without limiting subrule (1), the court may, at any time, do any of the following in relation to a hearing of a proceeding: (a) require copies of pleadings for use by the court before the hearing; (b) require the parties to define, in writing, the issues for decision by the court;

Rule 1401 (c) set a timetable for the conduct of the hearing or any steps in the (d) limit the time to be taken by the hearing; (e) limit the time to be taken by a party in presenting the party’s case; (f) require Scott schedules to be filed; (g) require evidence to be given by affidavit, orally or in some other form; (h) require the service or exchange of expert reports and the holding of conferences of experts; (i) limit the number of witnesses (including expert witnesses) a party may call on a particular issue; (j) limit the time to be taken in examining, cross-examining or re- examining a witness; (k) require the use of telephone or video conference facilities, videotapes, film projection, computer and other equipment and technology; (l) require submissions to be made in the way the court directs, for example, in writing, orally, or by a combination of written and oral submission; (m) limit the time to be taken in making an oral submission; (n) limit the length of a written submission or affidavit; (o) require the parties, before the hearing, to provide statements of witnesses the parties intend to call; (p) refer the proceeding to another judicial officer for further directions; (q) order that a counterclaim be heard separately from the hearing for the proceeding in which the counterclaim is made;

Rule 1401 (r) order that the issues between the defendant who included a third party and the third party be heard separately from the issues between the plaintiff and the defendant; (s) give directions about the order of evidence and addresses and the conduct of the trial generally; (t) give any other direction the court considers appropriate. (5) In addition to the principle mentioned in subrule (3), in deciding whether to give a direction of a kind mentioned in subrule (4), the court may have regard to the following matters: (a) that each party is entitled to a fair hearing; (b) that the time allowed for taking a step in the proceeding or for the hearing must be reasonable; (c) the complexity or simplicity of the case; (d) the importance of the issues and the case as a whole; (e) the volume and character of the evidence to be led; (f) the time expected to be taken by the hearing; (g) the number of witnesses to be called by the parties; (h) that each party must be given a reasonable opportunity to lead evidence and cross-examine witnesses; (i) the state of the court lists; (j) any other relevant matter. (6) If a direction under this rule is inconsistent with another provision of (7) The court may at any time amend or revoke a direction made under