Trial Flashcards
What is an important pre trial standard direction for the fast/multi track?
Pre trial checklist aka listing questionnaire
When will a pre trial checklist be sent to parties
At least 14 days before due date
When is the due date for the pre trial checklist
at least 8 weeks before trial date/start of trial period
What directions must the court give on listing a case for trial?
Fix trial date
Time estimate for trial
Fix place of trial
When should the trial bundle be filed with court?
no more than 7 days / no less than 3 days before trial begins
What pre trial steps are required at the high court?
- reading list
- authorities
- skeleton arguments
What are the other pre trial requirements?
- case summary
- settlement consideration
- notice to admit facts/documents
- brief to counsel
- witness summons
When must authorities be submitted to the high court?
by 5pm day before hearing
What is the general order of events that occur at trial?
- Claimant’s opening speech
- Claimant’s case (evidence in chief, cross examination, re examination)
- Defendant’s case (evidence in chief, cross examination, re examination)
- Defendant’s closing speech
- Claimant’s closing speech
When can leading questions be used?
Cross examination
What will end the case?
Judgement/final order
When does a judgment take effect?
From date given/made (not served)
How long does a party have to comply with a judgment or order for the payment of money?
14 days
What is the general rule for costs orders?
unsuccessful party pays successful party’s costs
What is the debt respite scheme?
Allows debtor to approach a debt advice provider to ask for 60 days breathing space on the basis they are unlikely to be able to repay debts
