Trial Flashcards
What is a pre-trial checklist?
Form N170. Also known as a listing questionnaire.
One of the standard directions given by the court on allocation is a deadline by which a pre-trial checklist is to be filed.
Assists the court in establishing that all directions have been complied with and that the claim is ready to proceed to trial.
What is the purpose of a pre-trial checklist?
Provides the court with anther opportunity to:
- check that the case management directions previously given have been complied with and that the case is ready for trial
- give any further necessary directions; and
- fix a date for trial (or confirm a date that has already been fixed)
When is a pre-trail checklist sent to each party?
At least 14 days before the due date for filing.
When is the due date for filing a pre-trial checklist?
Will be at least eight weeks prior to the trial date or the start of the trial period.
Parties are encouraged to exchange copies of the pre-trial checklists before filing, to avoid the court being given conflicting or incomplete information.
What does the pre-trial checklist require?
Requires parties:
- To confirm whether they have complied with directions given (if not what is outstanding and when will they be complied with).
- Specify any further directions required to prepare the case for trial and enclose an application form and draft order for those directions.
- Confirm whether the court has already consented to expert evidence being given at trial (orally or in writing). If it has not, such an order should not be sought by way of application (2).
- Give details of experts, whether they have met to discuss their reports , and whether their reports have been agreed.
- Give details of dates within the trial period when experts will not be available.
- Give details of witnesses, their availability and any special facilities they require.
- Give details of who will present the case at trial and their availability within the trial period.
- Estimate the trial length, including cross-examination and closing arguments, and to attach a proposed timetable for trial (preferably agreed between the parties).
What is the purpose of a pre-trial review?
To check that the parties have complied with all previous orders and directions, and to give directions for conduct of the trial.
What happens once the pre-trial checklist has been filed?
The court will give further directions that are needed to get the matter listed for trial. These directions will be given with or without a a hearing, as appropriate. (Hearing will usually be the pre-trial review).
What guidance on directions must the court give on listing?
- Fix the trial date (or confirm if already given)
- Give a time estimate for trial; and
- Court will fix the place of trial
What other directions may the court give on listing?
- evidence (experts or other special arrangements);
- a trial timetable
- the preparation of trial bundles
- any other matters required to prepare the case for trial
What is the purpose of a trial bundle bundle?
To ensure all relevant material is before the court at trial so that the trial proceeds smoothly and expeditiously.
The trial bundle also assists advocates to prepare for a present their cases effectively and the judge to identify and pre-trial reading.
For the trial bundle, all the documents likely to be referred to at trial should be placed into paginated and indexed files.
When does the trial bundle need to be filed and who files it?
Responsibility of the claimant to file the trial bundle with the court no more than seven days and no less than three days before the trial begins.
Contents should be agreed where possible.
If any areas of disagreement, a summary of the points in dispute should be included.
How many trial bundles are needed?
- A copy for the court
- identical bundles to each of the parties to the proceedings
- a further set for use by the witnesses while giving evidence (witness set is often filed at court too)
What must be included in the trial bundle?
Unless court orders otherwise, trial bundle should include:
- claim form and all statements of case
- case summary and/or chronology where appropriate
- requests for further information and responses to these
- all witness statements to be relied on as evidence
- any witness summaries
- any hearsay notices
- any notices of intention to rely on evidence which is not:
a) contained in a witness statement, affidavit or expert’s report
b) being given orally at trial
c) hearsay evidence - medical reports with responses to them
- expert reports with responses to them
- any order giving directions for the conduct of the trial; and
- any other necessary documents
What is a reading list?
Sets out an estimate of the reading time the judge is likely to require to get to know the case and the relevant authorities properly, as well as an estimate of the length of the hearing.
Should be signed by all advocates.
Required in all High Court cases in the Chancery Division and KBD.
What is a skeleton argument?
- Must be prepared for High Court trials
- concisely summarises the submissions to be made and cites the authorities relied on.
- usually carried out by counsel.
What is a notice to admit facts/documents?
A notice to admit formally asks the other party to admit a factual point that is in issue in the case.
The purpose/hope is that when serving notice, the other party will agree to admit the point and then you will not have to call evidence to prove it at trial.
What happens after a notice to admit is served?
Person receiving can decide what to do (admit or not).
Do not admit point: evidence will be called at trial, and the judge will decide whether the fact is correct or not.
What happens to the party that decided not to admit a point if a judge decides a fact is correct?
If the judge agrees the fact is correct, the party will be seed to have wasted court time and there are likely cost consequences and won’t be treated as favourably when the court exercises its discretion on costs at the end of the case.
