10. Trials and Appeals Flashcards
Why file witness summons?
Any doubt the witness will not attend trial
When should witness summons be filed?
At least 7 days before expected trial date
Failure to appear after served witness summons?
Imprisoned for contempt
What should witness summons include?
- Trial date + venue
- offer to pay expenses to travel and
- compensate for loss of time
What does pre-trial checklist include?
- Directions are complied and ready to go trial
When is pre=trial checklist filed?
No more than 8 weeks before trial
failure to comply with pre-trial checklist?
order to comply within 2 days or claim/defence is struck out
What happens after pre-trial checklist is checked?
Fix trial date and venue + order bundle be prepared
When is trial bundle prepared + by who?
Claimant prepares 3-7 days before trial
Outline of stages in trial?
- Preliminary matters
- Claimant makes opening speech
- Evidence in chief (open)
- cross-examination (open/closed)
- Re-examine (open)
- Closing speech by defence
When must money be paid to winner?
Within 14 days of court order
Unfavourable witness
Witness forgets a fact - genuine reason
Hostile witness
Lie or refuse to co-operate
* permission to declare hostile?
* cross-examine + discredit witness
2 purposes for appeals?
- Private purpose : justice to the case
- Public: maintian public trust + confidence in legal profession
Grounds of first appeal?
- appeal has real prospect of success (real not fanciful) +
- some other compelling reason why appeal should be heard e.g. importnant point of law/public policy
Grounds of second appeal?
same as first appeal
+
raise importnant principle of practice
When to ask for permission to appeal?
At the end of trial - ask judge
if judge says no, ask appeal court + list hearing within 14 fays
Deadline to appeal CC/HC decision?
21 days
Deadline to appeal Court of Appeal decision?
28 Days
Appeal from HC Judge is made to…
Court of Appeal
Appeal from Court of Appeal is made to…
Supreme Court
Appeal from Circuit HC Judge is made to…
High Court Judge
Appeal from District CC Judge is made to…
CC Circuit Judge
Appeal from District HC Judge is made to…
High Court Judge
