S.L. 12.20 Art. 11Trial in other cases.

(1) Upon being informed by the mediator that the parties have failed to reach an agreement, following the mediation proceedings under the preceding regulation, the Court shall authorise the parties to initiate proceedings within two months or such longer period as the Court may for grave reasons grant.

(2) Upon such case being initiated and upon the close of the written proceedings, the Court shall proceed to appoint a children’s advocate where in its opinion this is required in the interests of any minor children, and shall thereupon proceed with the pre-trial stage of the case in which the Court shall fix time limits within which the parties shall produce all documentary evidence in support of their case and produce such witnesses whose evidence cannot be produced by affidavit.

(3) The pre-trial period shall close when all the documents and other evidence of the parties have been produced or the time within which they were to be so produced has elapsed. During such period the Court may also appoint such experts as it may deem necessary to assist it.

(4) Except for grave and serious reasons to be stated by the Court, the pre-trial period shall not extend beyond one year after the close of the written proceedings.

(5) During the pre-trial period and until it passes to give judgement, the Court may, on the demand of either party give such provisional orders as it may deem fit, and may likewise, where grave reasons or change of circumstances so necessitate, alter or revoke such orders.

(6) After the close of the pre-trial stage the judge shall fix the date for the trial where the advocates for the parties and any children’s advocates that may have been appointed shall make their submissions and counter submissions and the Court shall thereupon proceed to give judgement on all points at issue.