Trials and Appeals Flashcards
Success of trial depends on what?
Preparation
Most witnesses attend willingly, they should also be:
• asked early for dates they are unavailable
• notified promptly of the trial date
Where/what should witness dates be included in?
Directions Questionnaire and Pre Trial Checklist
Directions questionnaire?
Pre Trial Checklist?
Witness Summons (CPR Part 34). What is it used for?
• used for when there is doubt about the witness’s attendance.
• under this provision, the court has the power to order a witness to attend court to give evidence on a particular date
What does summons require a witness to do?
• Attend court to give evidence
• Provide documents
Characteristics of a VALID summon?
• issued at least 7 days before trial (if exceeded, court permission is required)
• offered travel expenses and compensation for lost time
Failure to comply with Summon?
• fined
Or
• imprisoned for contempt (HC)
Pre Trial preparations (Listing Questionnaires)
• Filed 8 weeks before trial date
• ensure compliance with directions and readiness for trial
• judge will review further directions of decide if a listing hearing or pre trial review is needed
Failure to file checklist?
• (both parties) Case struck out unless checklist filed within 7 days
• (One party) court fixes hearing to assess readiness
Trial bundles preparation..?
• Prepared by claimants lawyer
• filed 7-3 Days before trial
• copies supplied to all parties and witnesses
Contents of Trial Bundle…?
• CF and Statements of Case
• Summary
• witness statements and expert reports
• notices (hearsay evidence) and direction orders
• relevant evidence documents
Pg 250 pages
Part 36 sanctions = D must pay ..
..an additional amount of 10% of the awarded sum.
• remember, it’s of the AWARDED sum, not the offer.
Leapfrog Appeal?
