District Court Rules 2005

For the purposes of this rule, the RSC Order 42 rule 8 does not apply.

Evidence of anything said or any admission made in the course of a pre‑trial conference is not admissible at the trial of the case.

Subrule (1) does not apply —

to the hearing of an application for costs arising out of a pre‑trial conference; or

to anything said or any admission made that all parties at the conference, in an agreement recorded in writing by the presiding officer, agree is admissible at the trial.

If the parties at a pre‑trial conference agree to settle the case, then unless otherwise ordered —

each party or the party’s legal practitioner on the record must sign and file and serve a written consent to the making of an order giving effect to the settlement; and

the presiding officer must enter judgment, or make final orders, unless a judge’s approval of the judgment or orders is required.

Subrules (3B) and (3C) apply if the presiding officer —

is a legally qualified registrar; and

mediates between the parties as described in rule 40(4)(a).

If the parties at the pre‑trial conference agree to settle the case, then unless otherwise ordered —

each party or the party’s legal practitioner on the record must sign and file and serve a written consent to the making of an order giving effect to the settlement; and

the presiding officer must enter judgment, or make final orders, unless a judge’s approval of the judgment or orders is required.

If the parties at the pre‑trial conference do not agree to settle the case but agree to otherwise resolve some of the issues between them, then the presiding officer may make orders giving effect to that mediated outcome.

The presiding officer must not make orders under subrule (3C) unless satisfied that each party consents to the making of the orders.

The presiding officer, whether or not the parties agree, may report to the Court any failure by a party to cooperate in the pre‑trial conference.