Magistrates' Courts Act, 1944 (Act No. 32 of 1944)Part II : Civil MattersChapter VII : Witnesses and Evidence54. Pre-trial procedure for formulating issues |
| (1) | The court may at any stage in any legal proceedings in its discretion suo motu or upon the request in writing of either party direct the parties or their representatives to appear before it in chambers for a conference to consider— |
| (a) | the simplification of the issues; |
| (b) | the necessity or desirability of amendments to the pleadings; |
| (c) | the possibility of obtaining admissions of fact and of documents with a view to avoiding unnecessary proof; |
| (d) | the limitation of the number of expert witnesses; |
| (e) | such other matters as may aid in the disposal of the action in the most expeditious and least costly manner. |
| (2) | The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of the parties or their representatives. |
| (3) | Such order shall be binding on the parties unless altered at the trial to prevent manifest injustice. |
| (4) | If a party refuses or neglects to appear at the conference the court may, without derogation from its power to punish for contempt of court, make such order as it considers equitable in the circumstances and upon conclusion of the proceedings may order the party who has so absented himself to pay such costs as in the opinion of the court were incurred as a result of the said absence. |
| (5) | The Court may make such order as to the costs of any proceedings under this section as it deems fit. |