Trials

Question 1

Which documents are required for trial?

Answer 1

• Pre-trial checklist / listing questionnaire
• Pre-trial review
• Brief to counsel
• Skeleton arguments
• Case summary
• Trial bundle
• Reading List
• Witness summons
• Authorities
• Notice to admit facts

Question 2

What is a pre-trial checklist (Form N170)?

Answer 2

= Provides court with another opportunity to check case management directions complied with + otherwise ready for trial

• Court may fix or confirm date for trial
• Parties can apply for further directions
• Parties can confirm whether court has consented to expert evidence / apply for evidence
• Details of experts + availability
• Witnesses + availability + special measures
• Who will present case at trial + availability
• Estimate length of trial, including cross-exam and closing arguments + attach proposed timetable

Question 3

What is the procedure for the pre-trial checklist?

Answer 3

• Sent to each party at least 14 days before due date for filing
• Parties encourgaed to exchange pre-trial checklists before filing.
• May then have court give further directions as requested in pre-trial checklist with or without a hearing.
• Court will fix / confirm trial date, give a time estimate and place of trial.

Question 4

What is a trial bundle?

Answer 4

A bundle which ensures that all the material relevant to the case is brought before the court. It contains:
* all statements of case;
* case summaries and chronology
* requests and responses to further info
* witness statements and summaries
* hearsay notices
* medical reports
* expert reports
* directions

Question 5

When must the trial bundle be filed and served?

Answer 5

Between 7-3 days before the trial and served on all parties and witnesses. Content will be agreed where possible or summarised where in dispute. Penalty for non-compliance.

Question 6

What are judgments and final orders?

Answer 6

Orders which end the case
* damages and other orders + costs
* Made after trial or final hearing (or in accordance with CPR for default / summary judgment)
* judgment may be immediate or reserved
* Usually circulated to parties before handed down and becoming public document.