1964_RULES_OF_THE_SUPREME_COURT — Page 121

1988 Ed.] The Rules of the Supreme Court-Order 33

TRIAL

ORDER 33

ICAP. 4

A 121

[Subsidiary]

PLACE AND MODE OF TRIAL

Place of trial (O. 33, r. 1)

1. Subject to the provisions of these rules, the place of trial of a cause or matter, or of any question or issue arising therein, shall be determined by the Court and shall be either the Supreme Court Building or such other place or places as may be authorized by the Chief Justice.

Mode of trial (O. 33, r. 2)

2. Subject to the provisions of these rules, a cause or matter, or any question or issue arising therein, may be tried before

(a) a judge alone, or

(b) a judge with a jury, or

(c) a judge with the assistance of assessors, or

(e) a master.

Time, etc. of trial of questions or issues (O. 33, r. 3)

3. The Court may order any question or issue arising in a cause or matter, whether of fact or law or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.

Determining the place and mode of trial (O. 33, r. 4)

4. (1) In every action begun by writ, an order made on the summons for directions shall determine the place and mode of the trial; and any such order may be varied by a subsequent order of the Court made at or before the trial.

(2) In any such action different questions or issues may be ordered to be tried at different places or by different modes of trial and one or more questions or issues may be ordered to be tried before the others.

(4) Nothing in this rule affects the provisions of Order 103, rule 26, as to actions for the infringement of a patent.

Split trial: offer on liability (O. 33, r. 4A)

4A. (1) This rule applies where an order is made under rule 4(2) for the issue of liability to be tried before any issue or question concerning the amount of damages to be awarded if liability is established.