Preparation for Trial Flashcards
What are the Key Pre-Trial Steps?
1) Pre-trial checklist
2) Pre-trial review
3) Trial bundle preparation
4) Skeleton arguments & case summary
5) Reading list and list of authorities
6) Brief to counsel
7) Witness summons and notice to admit facts / documents
What is the purpose of pre-trial checklist?
1) Ensure compliance with directions
2) Identify outstanding issues
3) Confirms trial date, length, availability of witnesses/expert evidence
What is filing deadline of pre-trial checklist?
At least 14 days before due date. At least 8 weeks before trial.
What information is required in pre-trial checklist?
1) Confirmation of compliance with directions
2) Requests for additional directions
3) Details of expert evidence and witness availability
4) Estimated trial length and timetable
What is pre-trial review?
A court hearing to ensure readiness
What directions might be given at pre-trial review?
Fixing or confirming trial date
Setting trial timetable
Ordering preparation of trial bundles
What is the purpose of a trial bundle?
1) Ensure all relevant documents available for court
2) Helps judge navigate case
When must trial bundle be served?
3 to 7 days before trial
What are the contents of a trial bundle?
1) Claim form and statements of case
2) Case summary / chronology
3) Requests for further information and responses
4) All witness statements and summaries
5) Expert reports and medical reports
6) Any orders and directions for trial
7) Hearsay notices and other relevant evidence
When must list of authorities be submitted?
By 5pm the day before trial
How does judge estimate time required for preparation?
With reading list
What is a skeleton argument?
Summary of key legal arguments and authorities
When is a skeleton argument needed?
Required for High Court trial
What is a case summary?
A concise summary of key issues agreed upon by both parties
What is a notice to admit facts / documents?
Used to formally ask the other party to admit specific facts / documents
What is brief to counsel?
Contains instructions for trial counsel
Includes all case materials and trial bundle
Brief fee to cover first day of trial
How is witness attendance secured?
Witness summons
