Trial and Appeals Flashcards
What should a solicitor do with a witness at an early stage?
Ask them if there are any dates they cannot attend trial; and
Be notified of the trial date without delay.
A witnesses availability must be given to the court expeditiously.
What is a witness summons?
A document served by the court requiring a witness to attend court to give evidence and/or to produce documents to the court.
When should a witness summons be served on a witness?
At least seven days before the date they are required to attend court.
What must a summons offer to be effective?
Must offer to pay witnesses expenses in travelling to court and compensation for any lost time.
What is a pre-trial checklist and when is it served?
It is a checklist to ensure the parties have complied with all directions and the trial is ready to proceed.
It must be served at court no later than 8 weeks before the trial date.
What happens if a party fails to complete a pre-trial checklist?
The court will order that, if a checklist isn’t filed within 7 days, the respective party’s statement of case will be struck out.
What is the trial bundle and who prepares it?
The trial bundle is a file of all documents the judge may need to decide the case, e.g. SOC, witness statements and evidence.
The claimant will usually prepare the trial bundle - it should be served on all other parties.
How should witnesses be addressed?
By their title and surname.
Children are addressed by their first name.
How should a:
Circuit Judge;
District Judge; and
A HC/CA/SC judge
be addressed?
Your Honour
Judge
My Lord
How is evidence set out in a civil trial?
Via a witness statement. The witness is then cross-examined to assess the reliability of their evidence.
What is the purpose of cross-examination?
It shows that the other side do not accept the evidence; and
Is an opportunity to highlight inconsistencies or gaps in the evidence
When will the court grant permission for a first appeal?
When the court considers the appeal has a real prospect of success or there is some other compelling reason why it should be heard.
If to the CA or SC, must also raise an important point of principle or practice
What would be a compelling reason for an appeal to be heard?
E.g. important question of law or general policy
What is the procedure for obtaining permission to appeal?
Request often made at the end of trial, judge determines whether or not to grant permission.
If unsuccessful, party can apply for permission from the appeal court itself.
How does an appeal court (bar the CA) deal with an appeal request?
On paper, without a hearing.
The CA lists the matter for an oral hearing no later than 14 days after the relevant direction.
