Purpose of pre trial

Question 1

3 general purposes of civil pre trial procedure

Answer 1

Information
Preparation
Timely

Question 2

Information - general

Answer 2

They inform both parties of information relating to the case – the plaintiff will find out information relating to the defence, and the defendant will find out information relating to the claim.

Question 3

Preparation - general

Answer 3

The parties determine whether it is worthwhile proceeding with or defending the case. The parties find out the strengths and weaknesses of each other’s case.

Question 4

Timely general

Answer 4

They might lead to an out-of-court settlement negotiated between the parties, meaning the cost, stress and inconvenience of going to court is avoided. They provide the court with information about the case before it begins, leading to a quicker trial.

Question 5

3 purposes of pleadings

Answer 5

Fairness
Timely
Limits

Question 6

Fairness - pleadings

Answer 6

To require the parties to state the main claims (such as breach of contract) and defences of their case. This allows basic procedural fairness and natural justice by ensuring the other side knows what the claim or the defence is about. To compel each party to state the material facts and particulars on which they are relying and which form the basis of their claims and defences. This avoids taking an opponent by surprise with facts that a party is relying on to support their claim or defence.

Question 7

Timely - pleadings

Answer 7

To give the court a written record of the case, which allows the court to understand the issues so it can manage the trial and pre-trial procedures. to assist in reaching an out-of-court settlement where appropriate.

Question 8

Limits - pleadings

Answer 8

To set the limits to the dispute, which enables other procedures such as discovery to be confined to the issues in dispute.

Question 9

3 purposes of directions hearings

Answer 9

Preparation
Alternatives
Applications

Question 10

Preparation - directions

Answer 10

To give directions in the proceedings to ensure an effective, complete, prompt and economical determination of the case. To set a timetable for future steps in the pre-trial proceedings so that the matter can progress towards trial. To allocate a date for trial.

Question 11

Applications - directions

Answer 11

To hear any applications made by the parties before going to trial, such as applications regarding discovery or pleadings. To hear any applications for the extension of time to complete particular steps, or for minor amendments of pleadings or other documents.

Question 12

Alternatives - directions

Answer 12

To determine whether the use of technology would be appropriate in this case, such as using an electronic database for documents or allowing witnesses to appear via videoconference To determine whether it is appropriate for the parties to be referred to mediation or some other alternative dispute resolution method (which can therefore be seen to be encouraging an out-of- court settlement)

Question 13

3 purposes of discovery

Answer 13

Fairness
Disclosure
Timely

Question 14

Fairness - discovery

Answer 14

To reduce the element of surprise at trial and avoid a ‘trial by ambush’. To allow each party to determine the strength of the other side’s case and determine their likelihood of success. To ensure that the parties and the court have all the relevant material and documents required to achieve a just outcome (the material and documents then become evidence).

Question 15

Disclosure - discovery

Answer 15

To require the parties to disclose all relevant material and documents to the other side. To ensure all parties have copies of relevant documents.

Question 16

Timely - discovery

Answer 16

In proceedings where the medical state of the plaintiff is in dispute (for example, in personal injury claims), give an opportunity to the defendant to have the plaintiff medically examined. This can reduce the time in court to dispute the medical condition of the plaintiff. To assist in reaching an out-of-court settlement where appropriate.