East African Community Court of Justice
Rules of Procedure, 2019.
SECTION XI
PRE-TRIAL PROCEEDINGS
63.
(1)The Court shall, within fourteen (14) days after the
close of pleadings or such other period as the Principal Judge may
direct, hold a Scheduling Conference to ascertain:—
(a)
points of agreement and disagreement;
(b) the possibility of mediation, conciliation or any
other form of settlement;
(c)
whether evidence is to be oral or by affidavit and
the time limit within which such affidavits are to
be filed and served;
(d) whether legal arguments shall be written, oral, or
both;
(e) consolidation of references, claims and/or
applications;
(f) the estimated length of the hearing; and
(g) any other matters as the Court may deem
necessary.
(2) Before the Scheduling Conference, the parties shall
as much as possible exchange any documents that are to be used
and agree on all matters listed in sub-rule (1) before the date fixed
for the Scheduling Conference and shall file and serve the same
as appropriate.
(3) Where the parties cannot agree on all or some of the
matters listed under sub-rule (2) above, each party may file its
own memorandum of issues.
(4) At the Scheduling Conference, the Court shall
after reviewing the pleadings and after such examination of the
parties as may appear necessary, ascertain upon which material
propositions of fact or of law the parties are at variance, and shall
thereupon proceed to frame and record the issues on which the
decision of the case appears to depend.
39
Scheduling
Conference.