Trial Preparation Flashcards
What is the purpose of the pre-trial checklist?
- To confirm compliance with existing directions and specify any further directions required (with application and draft order)
- Confirm whether court has consented to give evidence at trial and if not apply
- Give details of experts/witnesses and their availability
- Give details of who will present the case and their availability
- Estimate trial length
What form is used for the pre-trial checklist?
N170
How far in advance must the pre-trial checklist be due?
Due: At least 8 weeks prior to the trial date or start of trial period
Sent to parties: At least 14 days prior to due date
This timeline ensures adequate preparation time for all parties involved.
What are the court’s obligations regarding listing directions/hearing?
Court must:
Fix trial date, estimate length, give place
What additional info may a court provide in the Listing Directions/Hearing
- provisions on evidence
- trial timetable
- preparation of trial bundles
- other matters
What must a trial bundle include?
- Claim form and Statement of Case
- Case summary
- Requests for Further Information
- Witness statements and summaries
- Hearsay notices
- Notices of intention to rely on evidence not in statements
- Medical reports and expert reports
- Directions orders
The trial bundle is essential for ensuring all relevant materials are available during the trial.
How is the trial bundle prepared?
The contents should be agreed, although if there is disagreement, this should be included.
The C prepares and sends identical parties to other parties and witnesses.
What is the purpose of a trial bundle?
- To ensure all relevant material is before court at trial so trial proceeds smoothly and expeditiously
- Assists advocates to prepare for and present their cases effectively and judge to identify any pre-trial hearing
Paginated and indexed
When must the claimant file the trial bundle?
No more than 7 days and no less than 3 days before trial begins
When is a reading list required?
In high court cases - they should be signed by all advoctes and estimate the reading time required
What is a skeleton argument?
A document that must be prepared for high court trials, usually by Counsel
This document outlines the key arguments and points to be raised during the trial.
What is the deadline for submitting a list of authorities in high court cases?
By 5pm the day before the hearing
This ensures the court has adequate time to review relevant legal precedents.
What is the case summary?
A short and non-contentious document
What should parties do if a case settles?
Notify the listing officer immediately
Failure to do so may result in penalties.
What is the purpose of notices to admit facts?
To formally ask the party to admit a particular fact or the authenticity of documents
This process aims to simplify the trial by reducing the number of contested issues.
Why might a party use a notice to admit documents?
A party is deemed to admit the authenticity of documents disclosed unless they serve notice to the contrary.
What happens if a party does not admit a fact after receiving a notice?
Evidence will be called at trial, and if the judge agrees the fact is correct, there will be costs consequences for the party that did not admit it
This encourages parties to admit facts when appropriate to avoid wasting trial time.
What is included in the brief to counsel?
Counsel will be briefed thoroughly and the brief fee will cover both preparation and the first day of trial
Staged payments are common in larger cases. Subsequent days of trial are payed by an agreed fee
Why are briefs to counsel more important in small claims cases?
Counsel is involved at a later stage so will need to be briefed more thoroughly.
What is required to secure the attendance of witnesses and experts?
Witness summons must be sent in Form N20
True or False: A brief fee is refundable if the case settles.
False
The brief fee is not refundable regardless of whether the case settles.
