Preparation for trial

Question 1

what is a pre-trial check list also called?

Answer 1

listing questionnaire

Question 2

what is the purpose of a pre-trial check list?

Answer 2

o Obtain information re: compliance with directions, W availability, expert details/availability, estimated trial time
o Give any necessary further directions (inc. a PTR)
o Fix a trial date (if not already done)

Question 3

is a pre-trial checklist always completed?

Answer 3

Sent to parties unless court thinks trial can proceed without one

Question 4

when must the pre-trial checklist be filed?

Answer 4

PTC must be filed no earlier than 8 weeks before the trial/trial period

Question 5

what is a pre-trial review and what happens during it?

Answer 5

CMC at which court deal with matters to ensure case is trial-ready, inc.:
o Review state of case preparation
o Check compliance with directions
o Give any necessary further directions
o Agree a trial timetable

Question 6

when can a pre-trial review be fixed?

Answer 6

at/any time after allocation if necessary (i.e. complex or lengthy trial)

Question 7

what is the purpose of the trial bundle? what shouldn’t be included?

Answer 7

provide document central to the parties’ cases + which counsel will rely on. Should not inc. all documents which have been disclosed or irrelevant documents (particularly WP docs i.e. Pt 36 offers).

Question 8

what are the format and filing requirements for the bundle?

Answer 8

Should be indexed, paginated and no longer than 250 pages

at least 3x copies must be filed between 3 – 7 days before the trial

Question 9

who prepares the bundle?

Answer 9

C will usually agree the bundle and it should be agreed with the o/s