Disputes - Trial Preparation (13) Flashcards
How is witness attendance secured at trial?
Witness Attendance: It is important to ensure that all in-person witnesses will be in attendance at trial.
Voluntary
Voluntary: Witnesses generally attend voluntarily, given their voluntary statement.
(1) Communication: It is important to provide the trial date and confirm attendance in advance.
(2) Court Notice: The court should be notified of availability on the Directions Questionnaire and Pre-Trial Checklist.
Summons
Summons: If there is any doubt regarding voluntary attendance, summons should be sought (in practice, always seek them). Permission is not required unless sought within 7 days of trial.
(1) Court Order: Summons should be issued at least 7 days pre-trial. This will be issued and served by the court.
(2) Service: Summons should be served on the witness at least 7 days before their appearance, unless extended by court. The summons must offer a reasonable reimbursement for travel and time (CPR 34).
- Appeal: Witnesses can ask for the court to set summons aside.
(3) Effect: Witnesses must attend court to produce evidence. Non-attendance following summons will mean the court is more lenient and more likely to adjourn than it would without summons. Non-attendance also means:
- County Court: Witness may be fined.
- High Court: Witnesses may be fined or imprisoned for Contempt of Court.
What pre-trial checks need to be undertaken?
Pre-Trial Checks: In the lead up to trial, parties must ensure that they are completely prepared for the final hearing.
Counsel
Counsel: If applicable, counsel must be updated and briefed on the case (i.e. barristers).
Pre-Trial Checklist (Listing Questionnaire)
Pre-Trial Checklist: Parties on the fast and multi track must complete a pre-trial checklist (listing questionnaire) confirming their compliance with directions and their readiness for trial, and an estimation of trial length.
(1) Deadline: Checklists must be filed no later than 8 weeks before trial.
(2) Effect: Judge will decide whether further directions or hearings are required.
(3) Non-Completion: The effect of non-compliance will differ.
- Both Parties: The case will be struck-out unless rectified within 7 days.
- One Party: The court will fix a hearing to ensure readiness.
When will pre-trial hearings be required?
Pre-Trial Hearings
Pre-Trial Hearing: Courts often order pre-trial hearings on the fast track (Listing Hearing) and multi track (Pre-Trial Review).
(1) Purpose: Representatives for both parties attempt to resolve final issues and directions.
>Representatives must be knowledgeable and authorised to deal with any issues.
(2) Directions: Courts will often order final pretrial directions and information, including:
Timetable: Estimated trial timetable, and start date.
- Location: Trial venue.
- Bundle: The court will order a trial bundle to be prepared.
When does the trial bundle need to be filed?
Trial Bundle: Parties must file trial bundles to supply the judge with all relevant documents necessary to decide the case.
(1) Deadline: Must be filed between 7 and 3 days before trial, with identical copies provided to all parties/witnesses.
(2) Drafting: Drafted by the Claimant, but agreed as far as possible.
(3) Contents: Bundles should not exceed 250 pages. They are indexed and paginated, containing all: a) statements of case; b) case summary and chronology (multi track); c) requests and responses to information; d) witness statements; e) hearsay notices; f) expert reports and responses; g) directions; and h) other relevant evidence.
What is a case summary?
Case Summary: Parties in the multi track prepare a case summary, identifying all issues in dispute and their nature. Filed wih trial bundle. They comprise a concise summary of:
(1) Submissions of Fact: Submissions of fact relied upon by each party, with reference to any evidence.
(2) Prepositions of Law: Prepositions of law relied upon by each party.
(3) Key Documents: A list and summary of key documents for the Judge to read pre-trial (as found in the bundle).
