(b) any information contained in a data message, electronic document, electronic record, electronic communication or other information or transaction in electronic form within the meaning of the Electronic Transactions Act, No. 19 of 2006;

(c) such other document or information or record or communication or transaction in electronic form that may be specified by any other written law;

(d) such other document or information or record or communication that is stored on devices, servers and back-up systems in any medium that encompasses computer technology or any such document or information or record or communication that has been deleted; or

(e) any metadata and other embedded data which is not typically visible on a computer screen or print out;".

appoint a date not less than three months and not exceeding five months from such date, for pre-trial conference to be commenced, either in the presence of all parties to the action or such parties as are present.".

(b)

(c) copies of documents listed in the lists of documents which are in the possession of or under the control of such parties,

(2) 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 -

(3) 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 -

(4) 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.

(5) Where -

the court may on application made by either party, make such order or give such direction, as the interest of the justice may require.

(6) 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.

(7) Where any party proposing to tender any document in electronic form under this section -

such party shall not be permitted to tender such documents in electronic form, in respect of which the failure was occasioned:

Provided however, the steps or applications referred to in this Chapter shall be followed prior to the conclusion of the pre-trial conference.

(8) 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.

(9) 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.".

(3) The court may, upon the receipt of an application under subsection (2), make an order as prayed for in such application, if –

(4) Any person who or entity which receives an order made under subsection (3) shall have a duty to comply therewith and in the event of non- compliance, such person or entity shall be guilty of the offence of contempt of court.

(5) Any party to any proceeding pending before a court may, not less than forty-five days before the date first fixed for the pre-trial conference, make an application for an order to be made requiring any other party to such action to preserve, disclose or produce any relevant document in electronic form, as may be specified in such order.

(6) Any party making an application under subsection (5) of this section shall -

(7) A party who receives an order made under subsection (5) shall have a duty to comply therewith and in the event of non-compliance, the court may-

(8) A party or person failing to comply with an order made under subsection (5) of this section shall not be entitled to produce any such document in electronic form in evidence on his behalf in such action, unless he satisfies the court that such electronic document relates only to his own title, or that he had some other sufficient cause for not complying with such order.

(9) A party to any proceeding may make an application ex-parte by way of a petition supported by an affidavit, not less than forty-five days before the date fixed for pre-trial conference, for an order to be made requiring any person or entity who is not a party to such proceeding, to preserve, disclose, or produce any document in electronic form in the possession or control of such person or entity. The person or entity against whom such order is sought shall only be made the respondent in such application.

(10) Upon receipt of an application under subsection (9), the court may make an order as prayed for in such application, if -

(11) An order made under subsection (10) may-

(12) Any person or entity who fails to comply with an order made under subsection (10), shall be guilty of the offence of contempt of court.

(13) Where a person, entity or party from whom preservation, disclosure or production of a document is sought under subsection (2), (5) or (9) objects to such preservation, disclosure or production from the source of such document for not being reasonably accessible due to the burden of cost, the court may limit the extent of such preservation, disclosure or production otherwise allowed under the said subsections where -

Provided however, the court may order preservation, disclosure or production from the sources of such document in electronic form, if the party making the application for preservation, disclosure or production is able to show good cause, subject to such limitations as may be imposed by the court.

(14) Unless otherwise agreed or ordered, electronic copies of the disclosed documents in electronic form shall be produced -

(2)

(3) The judge at the pre-trial conference may determine unresolved jurisdictional and legal issues.

(b) identifying the number of witnesses to be called at the trial based on the relevancy and admissibility to the case and dispensing with calling of unnecessary witnesses;

(c) identifying the documents to be produced at the trial based on the relevancy, admissibility, to the case and authenticity of documents and in appropriate instances dispense with proof of such documents;

(d) with regard to the discovery, inspection, protection, preservation and production of documents and tangible things including specification of terms, time, place, manner and form in which such documents and tangible things to be discovered, protected, preserved and produced in court and authentication of documents and signatures;

(e) the protection of trade secrets, other confidential research information and undisclosed commercial information subject to privileges and limitations;

(f) issuing of certified copies of documents in the custody of any public office, public corporation, provincial council, local authority, bank, body incorporate or unincorporate, partnership, hospital, medical institute, court, tribunal or any such similar institution:

Provided that, the provisions of this paragraph shall not prejudice the right of the State to withhold any document on the ground that in the opinion of the Minister assigned in terms of Article 44 or 45 of the Constitution the subject to which the document relates, the public interest would suffer by such disclosure;

(g) upon the agreement of the parties, issuing of commissions to a single, joint or court appointed independent experts to inquire and report on any question of fact and express an opinion thereof:

Provided that, any application for the issue of a commission for local investigation as referred to in Chapter XXIX shall be made prior to the day first fixed for the pre-trial conference:

Provided further, that the court may, in its discretion, issue a commission for such local investigation after the day first fixed for pre-trial conference if it is satisfied, for reasons to be recorded and subject to terms as to costs or otherwise, that a commission is necessary for the determination of the matters in dispute or settlement of the dispute between the parties;

(h) recording of any agreement of parties with regard to any matter, including any issues of facts or law, mode of proof of any fact or document or the number of witnesses to be called or number of documents to be produced at the trial, and entering of orders or judgment in accordance with such agreement of parties:

Provided that, the court shall read out and explain the effect of such agreement to the parties concerned and record the fact that the parties understand the contents of such agreement and the effect thereof and the parties shall sign the agreement or the case record where such agreement is recorded orally in open court;

(i) consolidating two or more actions, subject to the provisions of section 149A;

(j) withdrawal of actions;

(k) the use of technology or employing a special interpreter at the trial;

(l) identifying the number of trial dates or period within which a trial may be concluded and how the time available for the trial will be used; or

(m) any other step as may be necessary or desirable for the just and expeditious disposal of the action.

Provided that, the pre-trial Judge may award costs against the party seeking to tender documents or summon witnesses which had not been included in the list filed under paragraph (b) of section 79B unless such party can adduce sufficient reasons for the failure to include such documents or witnesses in the said list.

(2) The court may, at its discretion, grant permission at the pre- trial conference, to any party to produce any document at the trial and call any witness in proof thereof, if such document is discovered under Chapter XVI relevant to the matters in dispute.

(3) Where the court grants permission to call any additional witness or document under subsection (1) or (2), the court shall, at the pre- trial conference, record the fact that such party is entitled to call such witness or produce such document at the trial and no further list of witnesses or documents is required to be filed thereafter.

(2) Where issues both of law and facts arise in the same action, and the court is of the opinion that the case may be disposed of on the issues of law only, the court shall try such issues first and for that purpose the court may, if it thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined.

(b) fails to appear without sufficient cause on the day fixed for the pretrial conference or on any other day to which it is adjourned,

the Judge conducting the pre-trial conference may, taking into consideration all appropriate circumstances -

Provided that, the Judge shall make every endeavor to make orders in terms of paragraph (i) or (ii), prior to an order being made under paragraph (iii), unless a party is absent and unrepresented at the pre-trial conference.".