Trial, Preparing for Trial, and Judgements Flashcards
what are the pre-trial documents and steps that need to be completed? (9)
- pre-trial checklist must be completed to allow the court to check that its directions are complied with
- court gives further listing directions on trial date, time estimate, evidence, timetable, trial bundle
- trial bundle of all key documents = claimant prepares and provides copies to all parties, the court, and witnesses
- skeleton arguments = parties summarise their submissions and cite authorities
- case summary
- list of authorities submitted to the court
- secure attendance of witnesses and experts (witness summons can be used)
- reading list = C submits with trial bundle - sets out estimate of reading time for judge to familiarise with the case + estimate for trial length
- notices to admit facts / docs = sent to other party in hopes that they do not instead deny and dispute them requiring evidence to be adduced
what is the trial bundle? who prepares it? by when must it be filed?
- bundle of all key documents = ensures all materials are before the court so the process runs smoothly
- C prepares + serves copies on all parties, witnesses, and court
- timing for service: earliest is 7 days before trial and latest is 3 days before trial
- when counting time do not include date of trial, when counting 7 days include weekends or bank holidays (more than 5 days), when counting 3 days do not include weekends and bank holidays
what is a notice to admit facts / evidence?
sent to other party in hopes that they do not instead deny and dispute them
if they do not admit, evidence must be adduced to prove at trial
if court find that party should have admitted something, they may impose cost consequences for wasting time
what are some points as to court room etiquette?
- reps and parties dress formally
- legal rep must stand when speaking
- modes of address for judges
- legal reps must not refer to judge as ‘you’ but rather as ‘judge’
- refer to opponent as ‘my learned friend’ if barrister or ‘my friend’ if solicitor
- stand when judge enters or leaves court
- rep should not approach the bench without permission
what is the progress of a civil trial?
- C opening speech = general nature of claim and identify issues to be tried referring to SoC, statement of issues, and key docs
- C’s case = evidence in chief, cross examination of witnesses, and re-examination
- D’s case (no need for D opening speech = evidence in chief, cross examination of witnesses, and re-examination
- D closing speech
- C closing speech
when can legal reps ask leading questions? when are they not allowed to?
can ask leading questions in cross examination of the other side’s witness but not when re-examining their own witness
leading questions = the question suggests an answer so as to challenge any weakness in the evidence or credibility of a witness
what matters does a judge provide judgement on after trial? (3)
- liability
- quantum
- order for costs
when will court give judgement? (2)
- immediately after trial
- judge will reserve judgement and deliver it at a later date
when does a judgement or order take effect?
from the date they were given or made - NOT from the date that they were served
by when does interest start running if a judgement awards interest on quantum?
from the date the judgement is made
what is the time limit to comply with a court judgement?
14 days (but court has discretion to allow a stay of judgement on application)
what is a witness summons?
- doc issued by the court requiring a person to appear before the court and give evidence
- may be required where witnesses are reluctant to give oral evidence at court
what is a pre-trial checklist and what is its purpose?
- aka listing questionnaire
- only in fast and multi track cases
- purpose = allows court to check its directions were complied with, if any other directions are needed, if it can set the trial date, and if it can give directions for trial
- after it is submitted by parties, court gives the listing directions for trial
