If the plaintiff does not proceed under Order XIV. his first step after appearance, unless he desires a receiver or an injunction, must be a summons for directions, upon which the Master makes an order as to the further pro cedure in the action.
The defendant will now, within the time specified, deliver his defence and counter-claim when, if it is not sufficient in detail, the plaintiff may obtain an order for further and better particulars thereof. These latter having been delivered, or meanwhile, either party may proceed to discovery ; first, however, depositing in court five pounds in respect of each kind of discovery required.. Discovery is of two kinds—of documents, and by way of interrogatories. The party who has to give discovery of documents must file an affidavit setting out all the documents in his possession or power, relating to the matter in dispute ; and except those for which he can establish privilege, must produce them to the other party for his inspection, and so that copies thereof may be taken. Apart from this discovery by order, any party has a right to inspection and copies of documents mentioned or referred to in the other party's pleadings. Upon interrogatories, the party interrogating serves upon the other side a series of questions, which the court has approved, relating to the matter in dispute, and which questions the other party is bound to answer in an affidavit, All these proceedings have so far been in Chambers before a Master, but either party against whom an order has been made has the right of appeal to a judge in Chambers, and thence to the Court of Appeal. The defendant
having thus delivered his defence and counter-claim, and the plaintiff having replied, notice of trial should be given, and the action entered for trial. On entering the case for trial with the associate of the court, two copies of the pleadings must be filed and a fee of two pounds paid. Notice of trial must be given ten days before trial ; or by short notice, by leave or consent, four days. Entry of trial should be by the plaintiff' within six weeks from the reply or other close of pleadings, after which time the defendant may enter the action. Then ensues trial and judgment.
Had the above action been of an important mercantile nature, such e.g. as an action on a disputed policy of marine insurance, the parties would have probably agreed soon after service of the writ, or on the application of either of them, an order would have been made for it to proceed and be tried as a commercial action. See further hereon : AFFIDAVIT; COMMERCIAL COURT; EXECUTION; PLEADINGS; and as to other actions: ADMIRALTY COURT; CHANCERY DIVISION; and APPEALS; COUNTY COURT.