Once both parties have:
• Completed discovery,
• Exchanged all relevant evidence, and
• Prepared their witnesses,
The next step is to set the case down for trial. This process is governed by Order 36, Rule 6 of the Rules of the Superior Courts.
What Does ‘Setting Down for Trial’ Mean?
Setting down for trial is the formal step to notify the court and the opposing party that you are ready to proceed to a full hearing. It is an essential requirement before the court can allocate a trial date.
This process involves two stages and two documents:
1. Serve the Notice of Trial
You must serve the Notice of Trial on the respondent (or their solicitor). This documents:
• Informs the other side that the case is ready for hearing
• Gives at least 21 days’ notice before the trial can proceed
• Advises whether the case will be heard with or without a jury
If the respondent wishes to have the matter tried with a jury, they must notify you in writing within four days of receiving the Notice of Trial (or two days in cases of short notice).
2. File the Trial Docket and Notice in Court
After serving the respondent:
• You must file both the Notice of Trial and the Trial Docket in the Central Office of the High Court within 14 days of service.
• Pay the required stamp duty (filing fee).
• Provide copies for the court, the respondent, and your own records.
Once filed:
• The Court Office issues a hearing reference number, and
• Your case is added to the court list, which can be monitored online.
This process confirms your case is officially set down for hearing and ready to proceed before a judge.
Sample – Standard Notice of Trial
(As per Order 36, Rule 6)
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