From this point to actual trial, there may be a delay in excess of two to four years. The rules of the Supreme Court provide, in effect that after the close of pleadings in an action begun by writ, the parties must disclose by exchanging lists, the existence of documents which are or have been in their possession or custody relating to matters in question in the action. Inspection of documents referred to in such a list or in an affidavit or pleading can be required. However, certain types of documents e.g. communication between a party and his legal advisor are privileged from production. The trial process is adversarial.
Trials take place before a judge only - there is no jury in civil matters.
Witnesses may be called to give evidence on behalf of each party and they are subject to cross-examination. The Court can enforce the attendance of Witnesses who are made compellable by the issue to them of Sub-poenas. More Information Appeal Appeals lie to the Court of Appeal. Appeal from the Court of Appeal is to the Judicial Committee of the Privy Council. The Court determining the dispute has a discretion as to whether to award costs to the successful party, in which case the unsuccessful party has to reimburse the successful party for such costs that he has reasonably incurred in the litigation.