Rule 40 of The Employment and Labour Relations Court (Procedure) Rules: Pre-trial conference

(1) The parties to a suit shall, within fourteen days after the close of pleadings or such other period as
the Court may, on application, direct, move the Court to hold a pre-trial conference to ascertain—
(a) points of agreement and disagreement;
(b) the possibility of alternative dispute resolution or any other form of settlement;
(c) whether evidence is to be oral or by affidavit;
(d) the discovery and the exchange of documents, and the preparation of a paginated bundle of
documentation in chronological order;
(e) whether evidence on affidavit will be admitted with or without the right of any party to
cross-examine the deponent;
(f) the manner in which documentary evidence is to be dealt with, including any agreement
on the status of documents and whether documents, or parts of documents, will serve as
evidence of what they purport to be;
(g) securing the presence at court of any witness;
(h) expert evidence;
(i) whether an interpreter is required and if so for which language;
(j) whether legal argument shall be written or oral, or both;
(k) the estimated length of the hearing; and
(l) any other matters the Court may deem necessary.
(2) Subrule (1) shall not apply where parties act in person and the subject matter of the suit is, in the
opinion of the Court, not complex.
(3) Where no defence or response is filed in Court within the prescribed period, the Court may, upon
application by the claimant, direct that the ni atter proceed for formal proof.
(4) Where the matter is to proceed for formal proof, the claimant shall issue a hearing notice upon the
respondent.
(5) Where a party fails to attend a pre-trial conference or fails to comply with the directions made by
the judge in terms of subrule (1), the matter may be fixed for hearing or dismissed, as the ease may
be.
(6) Upon the direction of the Court, the defaulting party may not appear at the hearing unless the
Court, on sufficient cause shown, makes appropriate orders.
(7) A party affected by any order or directions made under the provisions of this rule may apply, upon
good reason shown, to the Court for variation of such orders or directions as the case may be, and
the Court may with or without conditions including as to costs, order or direct as just.