Trial and Appeals Flashcards
chapter 10
What is a witness summons?
A document issued by the court requiring a witness to attend court to give evidence and/or produce documents to the court. It must be served at least seven days before the witness is required to attend, and the witness must be offered travel expenses and compensation for loss of time.
What is the purpose of pre-trial checklists (listing questionnaires)?
To ensure that the parties have complied with all directions and that the trial is ready to proceed. The completed checklists must be filed at court no later than eight weeks before the trial date. The judge will review the checklists to determine if further directions are needed.
What is a trial bundle?
A file of all the key documents the judge may need to decide the case, indexed and paginated for easy reference. It should include key documents such as claim forms, witness statements, and expert reports. The claimant’s lawyer usually prepares the bundle and files it between seven and three days before the start of the trial.
What is the usual order of events at trial?
○Preliminary issues
○Opening speech by the claimant (if permitted)
○Examination-in-chief of the claimant’s witnesses
○Cross-examination of the claimant’s witnesses
○Re-examination of the claimant’s witnesses (if necessary)
○Presentation of the defendant’s case (including witnesses)
○Closing speeches
○Judgment
What is the difference between leading and non-leading questions?
○Non-leading (open) questions facilitate a witness in telling their story and usually start with ‘who, what, where, when, and how’.
○Leading (closed) questions suggest the answer and often invite a response of ‘yes’ or ‘no’. They are used in cross-examination
What is the effect of a judgment?
A judgment brings the main proceedings to a conclusion. It determines liability and, if the claimant is successful, may award damages, interest, and costs. If the defendant wins, the claimant may be ordered to pay the costs
What are the grounds for appealing a decision?
○For a first appeal, the appeal must have a real prospect of success, or there must be some other compelling reason why it should be heard.
○For a second appeal, the appeal must also raise an important point of principle or practice.
○An appeal may also be granted if the lower court’s decision was wrong or unjust due to a serious procedural irregularity.
What is the destination of appeals?
Appeals generally go to the next court in the hierarchy. For example:
○From a District Judge in the County Court to a Circuit Judge.
○From a Master or District Judge of the High Court to a High Court Judge.
○From a High Court Judge to the Court of Appeal.
What is a leapfrog appeal?
An appeal that is heard by a higher appellate court than usual. This can be from a County or High Court directly to the Court of Appeal, or from the Court of Appeal directly to the Supreme Court. This is only allowed in exceptional cases, usually related to urgency or an important point of principle or practice.
What is a hostile witness?
A witness who is unwilling to support the party who called them, perhaps by refusing to answer or changing their evidence. If a witness is deemed hostile, the advocate may cross-examine them as if they were a witness for the other side
