Trial Flashcards
What does a trial end in?
A judgement or a final order
What does one wear to trial?
Formal attire
What does one do whilst speaking?
Stand when speaking, unless told otherwise
How does one address a judge in County Court?
Your honour
How does one address a judge in High Court?
My Lord / My Lady
How does one refer to opponent?
My friend (solicitor), or My learned friend (barrister)
What does one do when judge enters / leaves?
Stand and bow
How does one introduce themselves?
By party name, not personal name
What is one’s style of speech?
I submit, not I think
When does one approach the bench?
With permission
What is the structure of a trial?
1) Claimant’s opening speech
2) Claimant’s evidence
3) Defendant’s case
4) Closing speeches
5) Judgement
What happens at Claimant’s evidence stage?
1) Witness confirms statement via evidence in chief
2) Cross-examined with leading questions
3) Re-examined on cross matters (no leading questions)
What happens at Defendant’s case stage?
Same as Claimant’s evidence stage
Who goes first in closing speech?
Defendant first, then Claimant
Is judgement immediate?
May be immediate or may be reserved
What are the different judgements and orders?
1) Final order
2) Interim order
3) Consent order
4) Disposal hearing
What is a final order?
Ends the claim
What is an interim order?
Made before trial, does not conclude case
What is a consent order?
Parties agree to settle, court must approve
What is a disposal hearing?
Follow up hearing to assess quantum after liability is decided
When does judgement take effect?
From the date given
When is payment due for judgement?
14 days from judgement
What is the interest rate of judgement?
8% from judgement date
What is a draft order?
A draft of the consent order
