6. Insertion of new Chapter XB in the principal enactment

The following new Chapter is hereby inserted immediately after Chapter XA of the principal enactment and shall have effect as Chapter XB of that enactment: -

“CHAPTER XB

PRE-TRIAL STEPS TO BE TAKEN BEFORE THE

PRE-TRIAL CONFERENCE

79B. The parties shall, in addition to any other pre-trial step that may be taken by such parties before the case is fixed for pre-trial conference, tender -

their proposed admissions and issues of fact and law in writing;

(i) lists of witnesses to be called by such parties at the trial; and

lists of documents relied upon by such parties and to be produced at the trial;

copies of documents listed in the lists of documents which are in the possession of or under the control of such parties, to the registry of the court, not less than thirty days before the date first fixed for the pre-trial conference and after giving notice to all other parties with proof of service thereof.

Notwithstanding anything to the contrary contained in the Evidence (Special

Any party proposing to tender documents in electronic form shall, not less than thirty days before the date first fixed for pre-trial conference, file in court, after giving notice to the opposing party or parties –

the list of such documents in electronic form together with an index thereof; and

a copy or copies of such documents as is sufficient to enable the party to understand the nature of such evidence.

Any party to whom a notice has been given under subsection (2) may, within fifteen days of the receipt of such notice apply for permission from the party giving such notice, to access and inspect -

the documents in electronic form, sought to be tendered in court under subsection (2);

the machine, device, computer or information system, as the case may be, used to produce, reproduce, generate, create, send, receive, store, display, communicate or process the documents in electronic form referred to in paragraph (a); and

any records relating to the production, reproduction, generation, creation, sending, receipt, storage, display, communication or processing of the documents referred to in paragraph (a).

Upon receipt of an application for permission to access and inspection under subsection (3), the party proposing to tender such documents in electronic form shall, within reasonable time, but not later than fifteen days after the receipt of such application, provide a reasonable opportunity to the party applying or his agents or nominees, to have access to, and inspect such documents in electronic form, machine, device, computer, information system or records referred to in the application.

Where –

the party proposing to tender documents in electronic form is unable to give permission or does not give permission for access and inspection as applied for under subsection (3); or

the parties are unable to agree on any matter relating to -

the notice given under subsection (2); or

an application for access and inspection made under subsection (3) or the manner and extent of such access and inspection, the court may on application made by either party, make such order or give such direction, as the interest of the justice may require.

The time period referred to in subsection (3) or (4) may be extended at the discretion of the court, based on the special circumstances of each case.

Where any party proposing to tender any document in electronic form under this section –

fails to give notice under subsection (2);

upon application being made for access and inspection under subsection (3), fails to provide a reasonable opportunity therefor; or

fails to comply with any order or direction given by court under subsection (5), such party shall not be permitted to tender such documents in electronic form, in respect of which the failure was occasioned:

Where any party objects to the admissibility of any document in electronic form tendered under this section, such party shall file in court, objections with reasons therefor in writing with copies to all other parties, either before the pre trial conference or at the pre trial conference, as the case may be.

Where any party files objections under subsection (8), the court shall hear the parties to ascertain whether the parties can admit such documents in electronic form, and where no such admission is recorded, the court shall make an appropriate pre-trial order under section 142B with regard to the admissibility of such documents at the pre-trial conference.”.