1.11 Trial

Question 1

What is a witness summons?

Answer 1

Court issues doc => Require W;

• Attend court > Give evidence
• Produce docs to court > Date fixed for hearing/As court may direct evidence

Prescribed form

Specify docs to be produced

Pay to W

• Time loss compensation
• Reasonable travel expenses

Court permission required where party want to issue W summons;

• Less than 7 days before trial
• W to attend on another date (NOT fixed trial date)
• W to attend at hearing (NOT trial)

Question 2

What is a paper application?

Answer 2

NO hearing required > Written submission required

• App agreed
• App NOT affect court timetable

Notice of app => Opponent
- If rejected => Hearing

If judges decides NO hearing needed => May require further evidence

Question 3

What is required for an in-person hearing with notice if the judge decides it is required for a paper application?

Answer 3

Issue notice

• Date
• Time
• Location
• File further evidence (if needed)

Attended by;

• Fee earner counsel
• Agent

County Court

• Business attire, arrive in good time
• Private/Open hearing
• Register attendance, party and capacity
• Pre-hearing discussion
• Parties enter hearing room together when ready => Submissions + answer qs (logical, structured) > Judge makes order

Royal Courts of Justice

• Master > Manages claim
• Short hearings (30 mins)
• Bear Garden > Parties receive endorsed app notice + hearing time, Master allocated, Master returns app notice + endorsed order
• Private room > Time estimate at least 30 mins, Master returns app notice + endorsed order

Question 4

What is required for an in-person hearing without notice (ex parte) if the judge decides it is required for a paper application?

Answer 4

Same as with notice

Opponent NOT attend

Applicant indicates matter handled w/o hearing

Applicant NOT serve app on Respondent

Question 5

What is a pre-trial checklist?

Answer 5

Ensure parties complied with directions

Address further issues for resolution before trial

Question 6

When are pre-trial checklists used?

Answer 6

NOT small claims

Fast/Multi-track
- Pre-trial review by hearing before trial

Must file within 8 weeks before trial
- Otherwise sanctions/strike out claim, defence or counterclaim (NO further court order)

Question 7

What is required for trial bundles?

Answer 7

Prepared by legal rep

• Paginated
• Indexed

Contents

• Case summary
• Chronology
• Statements of case
• Requests for further info + response
• WS, witness summons
• Experts, medical reports
• Directions/Orders

File 3-7 days before trial

• Fast/Multi-track claims
• NOT small claims

Question 8

What is the procedure for trial?

Answer 8

1) Oral opening submissions
2) W of fact
3) Expert W
4) Oral closing submissions

NO leading qs

• Exam in chief of W
• BUT cross-exam possible

Court etiquette

• All stand (until judge seated/left room)
• NOT turn back on judge
• Exact mode of address for judge

Question 9

Who must the court give a copy of the draft judgment to?

Answer 9

Legal reps
- By 4pm second working day before handing down/other time as court directs

Parties

• Confidentially
• NOT disclosed to others/public
• NO action made in response to draft judgment before handing down

Question 10

When must the judgment/order for paying money be complied with?

Answer 10

Within 14 days of judgment/order

UNLESS

• Court stayed proceedings
• Court/CPR specifies different completion date

Question 11

What can the court correct in the judgment at any time?

Answer 11

Clerical mistakes

Error from accidental slip/omission