CASE MANAGEMENT CONFERENCE & SCHEDULING

- Or 25 High Court of Lagos State Civil Procedure Rules

This was formerly referred to as pre-Trial conferencing.

It is obtainable only in the Lagos High Court

 

MODALITIES OF THE CASE MANAGEMENT CONFERENCE

• it is a semi-formal arrangement. 
• The Judge and Counsel for the parties need not be robed.

 

DURATION- It is to be held from day to day. It lasts for ABOUT 3 MONTHS and can ONLY BE EXTENDED upon application to the CHIEF JUDGE- 0.25R.3 LAGOS,

 

SUMMARY OF PROCEDURE FOR CASE MANAGEMENT CONFERENCE

1. Claimant is to apply for it by filling Form 17- Case management Conference Notice.

 

2. The court registrar will issue and serve the CMC Notice and attach FORM 18-case management Information Sheet. The parties are tov tick which matters in the CM Info Sheet are applicable to them.

 

3. The Judge is to issue a scheduling Order after the defendant has RETURNED FORM 18.-  

O. 25 r. 2 of the High Court of Lagos (Civil Procedure) Rules 2012.

 

4. All pre-trial applications are dealt with at the conference.

 

5. At the end of the conference, the pre-trial Judge is to issue a Report which shall guide the subsequent course of proceedings.-

O. 25 r.5 of the High Court of Lagos (Civil Procedure) Rules 2012.

 

In practice, CMC is commenced by a LETTER, accompanied by Forms 17 & 18, and filed at the   registry, requesting the court to issue a CMC notice. FOR BAR PART 2, USE A LETTER

 

TIME FOR APPLYING FOR CASE MANAGEMENT CONFERENCE NOTICE

The CLAIMANT shall apply for the issuance of a case Management Conference Notice which in FORM 17 WITHIN 14 DAYS AFTER CLOSE OF PLEADINGS,. ORDER 25 RULE 1 HCCPR LAGOS 2012.

 

Where the claimant fails to apply for the issuance of a CMC notice, the defence can either apply for it or apply for the action to be dismissed.

 

CASE MANAGEMENT INFORMATION SHEET

The court through the REGISTRAR will cause the case management information sheet FORM 18 to be issued and served on the parties and their legal practitioners.

 

SCHEDULING ORDER-OR 25 RULE 2

The judge is expected to enter a scheduling order for the following PURPOSES;

1. Joining other parties.
2. Amending pleadings
3. Filing motions
4. Further case management conferences
5. Any other appropriate matter.

 

THE PURPOSE OF CASE MANAGEMENT CONFERENCE

a. Enable disposal of matters which must be dealt with by interlocutory application.
b. Give such directions as to the future course of action as appear best adapted to secure its just, expeditions of economic disposal.
c. Promote amicable settlement of the case through ADR

 

CASE MANAGEMENT CONFERENCE AGENDA

0.25R.2 LAGOS

1.The parties must have formulated issues; where parties defer strongly, the Judge will formulate issues for them.

2.Amendments can come in.

3.Admission of facts and other evidence.

4.Discovery, Inspection of Documents.

5.What exhibits are to be tendered at the trial.

6.Narrowing the field of dispute between expert witnesses. They may participate in the case management conference.

7.The judge can hear and determine preliminary objects in points of law.

8.Where a particular claim requires a separate trial, such order will be made.

9.Settlement of issues, inquiries and accounts under 0.27.

10.State a case/ask a question in respect of the matter for the court to answer 0.28.

11.The Judge at this stage refers the parties to ADR.

 

In Abuja, these matters may be considered either at or before trial.

CASE MANAGEMENT CONFERENCE REPORT

ORDER 25 R.4

The Judge is expected to make a Report of the conduct of the case Management conference.

USE/FUNCTION-the report shall guide the subsequent course of the proceedings UNLESSmodified by trial judge.

 

SANCTIONS FOR FAILURE TO ATTEND CASE MANAGEMENT-

0.25R.5

Where a party fails to attend the case management conference or failed to keep a pre trial order of the Judge or attends but is not prepared, there are sanctions.

1. If the claimant failed to attend it, his action will be dismissed. 
2. if the defendant defaults in attending DEFAULT JUDGMENT will be entered against him. 

 

EFFECT OF DEFAULT JUDGMENT IN CMC OR ADR SESSION

• A judgment given in default of case management conference or ADR session can be set aside.

 

OPTION OPEN TO THE DEFENDANT AFTER DEFAULT JUDGMENT

An application should be brought within 7days of the judgment or such other period as allowed by the ADR Judge, stating reasons for such failure, as well as an undertaking to fully participate in future case management conferences. The application is by motion on notice.

0.25r.7 Lagos 2012.

 

SANCTIONS FOR FAILURE OF PARTIES TO COMPLY WITH ADR DIRECTIVES

Where parties fail to follow ADR, directives, sanctions may be given 

a. Dismissal of claim
b. Entering of judgment against defendant -0.25r.6

 

The role of the CMC Judge is to direct the conference in line with the purpose for which it was created; to set out an agenda to achieve expeditious determination of pre-trial issues.

Parties and their lawyer are bound to cooperate with the Jugde.

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