Preparation for Trial and Presentation of Case at Trial

Question 1

What part of the rules allows for the issue of Witness Summonses?

Answer 1

Part 33

Question 2

What part of the rules permits a party to rely on expert evidence?

Answer 2

Part 32

Question 3

What are the circumstances in which expert evidence is admissible?

Answer 3

• the matter must call for expertise
• The area must be an established field of expertise
• the witness must be suitably qualified

Question 4

How should a no-case submission be treated in a case in which the defendant has made the submissions without being put to its election?

Question 5

What is the Court’s position where an expert is connected to a party?

Answer 5

the connection might affect the weight given to the report but should not necessarily make it inadmissible

the presence of a conflict of interest does not automatically disqualify an expert. The key question is whether the expert’s opinion is independent of the parties and the pressures of litigation.

Where an expert has a material or significant conflict of interest, a court is likely to decline to act on his or her evidence or give permission for his or her evidence to be adduced. It is for the court to determine whether a conflict of interest is material and whether to rely on the expert’s evidence.

Question 6

True or False.

Closing speeches/addresses would usually cover the applicable substantive law with reference to the issues and facts in the case

Answer 6

True

Question 7

Is the court’s permission required to issue a Witness Summons? If so, when and how is permission sought?

Answer 7

The court’s permission is not generally required.

However, it is required if the summons is to be issued less than 21 days before the hearing.

an application for permission may be without notice but must be supported by evidence on affidavit.

Question 8

In what manner may expert evidence be given and when is the manner specified?

Answer 8

The expert’s evidence may be given orally or in the form of a report and one would specify the manner requested when making the application.

Question 9

Is permission required to rely on expert evidence? How is permission sought?

Answer 9

Yes;

an application generally made at Case Management Conference.

Question 10

Is permission required to rely on expert evidence? How is permission sought?

Answer 10

Yes;

an application generally made at Case Management Conference.

Question 11

Can the court set aside a Witness Summons? If so, How?

Answer 11

Yes;

The court may set aside or vary a witness summons and such an application may be made by (a) any party; or (b) the witness to whom the summons is addressed.

Question 12

True of False.

A Single joint expert may be used, or parties may rely on separate experts.

Answer 12

True.

Question 13

what are important points to be borne in mind in relation to the content of witness statements?

Answer 13

• hearsay evidence should be excluded
• the statement should be in the language of the witness
• Material that is scandalous and irrelevant should be excluded

Question 14

What is the procedure for issuing a Witness Summons?

Answer 14

The witness summons (form 12) is filed in court. The Registrar signs the Witness Summons (which is the issuing of the summons) and it is served by the party seeking it on the witness to whom the summons is addressed.

If the Summons requires documents to be produced, the summons must sufficiently describe the documents, though the classes of documents may be described compendiously (i.e. as a collection)

Question 15

What characteristic of evidence is an expert required to give?

Answer 15

The expert ought to give evidence that is , and is seen to be, the independent product of the expert , uninfluenced as to form and content by the exigencies of litigation

Question 16

True or False.

The court is bound to accept the expert’s opinion

Answer 16

False.

Although the court is often guided by the expert’s opinion, it is not bound to accept it.

Question 17

What opportunity is there to challenge experts?

Answer 17

There is an opportunity to challenge the experts by putting questions to them.

The rules expressly provide for experts who give a report to be questioned in writing and experts who give oral evidence to be cross-examined.

Question 18

What part of the Rules states that the court must consider at the Case Management conference whether to give directions for service of the witness statements?

Answer 18

Part 27

Question 19

At the Pre-Trial Review, the court usually makes orders for various things to be done in preparation for trial. What would these include

Answer 19

the preparation of bundles

filing of skeleton arguments/written submissions and authorities.

Question 20

What is the purpose of a Witness Summons?

Answer 20

A witness summons may be issued for a person to attend to give oral evidence and/or produce documents for a party to the claim.

Useful when one is faced with a reluctant witness.

Question 21

How ought the court to determine whether an application to adjourn a trial should be granted?

Question 22

True or False.

Experts give evidence as to their opinions, usually based on facts or assumptions.

Answer 22

True.

Question 23

A witness summons is binding only if it is served at least ___ days before the date on which the witness is required to attend.

can the court direct otherwise?

Answer 23

14;

the court may direct that a witness summons shall be binding although it will be served less than 14 days before the hearing upon application being made without notice supported by affidavit evidence.

Question 24

What may happen if a witness statement contains inappropriate material?

Answer 24

The witness statement may be struck out

Question 25

What is a Witness Statement?

Question 26

True or False.

The court is bound to accept the expert’s opinion

Answer 26

False.

Although the court is often guided by the expert’s opinion, it is not bound to accept it.

Question 27

True or False.

A Witness Summary may be served where a party is required to serve but is not able to obtain a Witness Statement.

Answer 27

True

Question 28

True or False.

At the time of the service of the witness summons the witness must be offered or paid a sum reasonably sufficient to cover his or her subsistence and expenses in traveling to and from the court.

Answer 28

True.

Question 29

Where party A is able and prepared to comply with an order to serve a witness statement and party B fails to make reasonable arrangements to exchange statements. What is party A’s option?

Answer 29

party A may comply with the court order by filing its witness statements in a sealed envelope and giving notice to party B that they have been filed. The statements filed by party A not to be disclosed until party B certifies that its witness statements have been filed.