1.11 Trial Flashcards
What is a witness summons?
Court issues doc => Require W;
- Attend court > Give evidence
- Produce docs to court > Date fixed for hearing/As court may direct evidence
Prescribed form
Specify docs to be produced
Pay to W
- Time loss compensation
- Reasonable travel expenses
Court permission required where party want to issue W summons;
- Less than 7 days before trial
- W to attend on another date (NOT fixed trial date)
- W to attend at hearing (NOT trial)
What is a paper application?
NO hearing required > Written submission required
- App agreed
- App NOT affect court timetable
Notice of app => Opponent
- If rejected => Hearing
If judges decides NO hearing needed => May require further evidence
What is required for an in-person hearing with notice if the judge decides it is required for a paper application?
Issue notice
- Date
- Time
- Location
- File further evidence (if needed)
Attended by;
- Fee earner counsel
- Agent
County Court
- Business attire, arrive in good time
- Private/Open hearing
- Register attendance, party and capacity
- Pre-hearing discussion
- Parties enter hearing room together when ready => Submissions + answer qs (logical, structured) > Judge makes order
Royal Courts of Justice
- Master > Manages claim
- Short hearings (30 mins)
- Bear Garden > Parties receive endorsed app notice + hearing time, Master allocated, Master returns app notice + endorsed order
- Private room > Time estimate at least 30 mins, Master returns app notice + endorsed order
What is required for an in-person hearing without notice (ex parte) if the judge decides it is required for a paper application?
Same as with notice
Opponent NOT attend
Applicant indicates matter handled w/o hearing
Applicant NOT serve app on Respondent
What is a pre-trial checklist?
Ensure parties complied with directions
Address further issues for resolution before trial
When are pre-trial checklists used?
NOT small claims
Fast/Multi-track
- Pre-trial review by hearing before trial
Must file within 8 weeks before trial
- Otherwise sanctions/strike out claim, defence or counterclaim (NO further court order)
What is required for trial bundles?
Prepared by legal rep
- Paginated
- Indexed
Contents
- Case summary
- Chronology
- Statements of case
- Requests for further info + response
- WS, witness summons
- Experts, medical reports
- Directions/Orders
File 3-7 days before trial
- Fast/Multi-track claims
- NOT small claims
What is the procedure for trial?
1) Oral opening submissions
2) W of fact
3) Expert W
4) Oral closing submissions
NO leading qs
- Exam in chief of W
- BUT cross-exam possible
Court etiquette
- All stand (until judge seated/left room)
- NOT turn back on judge
- Exact mode of address for judge
Who must the court give a copy of the draft judgment to?
Legal reps
- By 4pm second working day before handing down/other time as court directs
Parties
- Confidentially
- NOT disclosed to others/public
- NO action made in response to draft judgment before handing down
When must the judgment/order for paying money be complied with?
Within 14 days of judgment/order
UNLESS
- Court stayed proceedings
- Court/CPR specifies different completion date
What can the court correct in the judgment at any time?
Clerical mistakes
Error from accidental slip/omission
