Preparations for Trial Flashcards
(12 cards)
What is the main purpose of the trial bundle?
A. To present only expert evidence at trial
B. To provide all documents disclosed during disclosure
C. To ensure the court has all documents necessary for trial
D. To record the judgment after trial
C. To ensure the court has all documents necessary for trial
Explanation: The trial bundle should include all documents likely to be referred to at trial, to help the judge, witnesses, and advocates conduct the trial smoothly.
The trial is one week away, and the claimant has not yet filed the trial bundle. What is the correct step according to CPR?
A. Do nothing; the defendant will file it
B. File the trial bundle 1–3 days before trial
C. File the trial bundle between 3 and 7 days before trial
D. File the bundle after the first day of trial
C. File the trial bundle between 3 and 7 days before trial
Explanation: CPR 39 and PD 32 require the claimant to file the trial bundle no less than 3 and no more than 7 days before trial.
Which of the following is NOT required to be included in a trial bundle unless ordered?
A. Witness statements
B. Case summary
C. Directions for conduct of trial
D. Skeleton argument
D. Skeleton argument
Explanation: Skeleton arguments are filed separately by counsel and are not a standard inclusion in the trial bundle unless the court orders otherwise.
You are preparing for trial and want to avoid calling a witness to prove a non-controversial point. What should you serve?
A. Witness summons
B. Pre-trial checklist
C. Statement of issues
D. Notice to admit facts
D. Notice to admit facts
Explanation: A Notice to Admit Facts under CPR 32.18 allows you to formally request the other party admit a fact, avoiding the need to prove it at trial.
Which of the following is true about skeleton arguments in High Court trials?
A. They are usually excluded from the trial record
B. They are unnecessary if a trial bundle is prepared
C. They must cite legal authorities and summarise key submissions
D. They must be submitted after the trial ends
C. They must cite legal authorities and summarise key submissions
Explanation: Skeleton arguments summarise the party’s case and cite legal authorities. They are crucial for effective advocacy in High Court proceedings.
Which of the following is required in the pre-trial checklist (Form N170)?
A. An appeal notice
B. Availability of witnesses and advocates
C. A draft order for judgment
D. A sealed consent order
B. Availability of witnesses and advocates
Explanation: The pre-trial checklist helps the court confirm readiness. It includes witness availability, expert issues, compliance with directions, and time estimates for trial.
What is the purpose of the pre-trial checklist (Form N170)?
A. To submit new evidence not previously disclosed
B. To amend the pleadings automatically
C. To request that trial be held in private
D. To help the court confirm readiness for trial and give any further directions
D. To help the court confirm readiness for trial and give any further directions
Explanation: The checklist helps the court confirm that all case management directions have been complied with and enables it to issue further directions to prepare for trial.
You are acting for the claimant in a multi-track claim. Counsel has asked for a summary of all pleadings, witness statements, and expert reports in one place for court. What do you prepare?
A. The reading list
B. The skeleton argument
C. The defence bundle
D. The trial bundle
D. The trial bundle
Explanation: The trial bundle contains all the key documents likely to be referred to at trial, including pleadings and evidence, and must be filed by the claimant.
Which of the following documents is typically included in the trial bundle unless the court orders otherwise?
A. All relevant witness statements and statements of case
B. Skeleton arguments and authorities
C. Opening and closing speeches
D. Letters before claim
A. All relevant witness statements and statements of case
Explanation: The trial bundle includes the claim form, statements of case, witness statements, and relevant expert reports – not skeleton arguments or advocacy content.
A defendant receives a notice to admit a fact which they later dispute at trial and lose. What is the likely consequence?
A. The court may impose adverse cost consequences
B. The court will strike out the defence
C. The fact will automatically be inadmissible
D. The claimant must bring a separate application
A. The court may impose adverse cost consequences
Explanation: If a party refuses to admit a fact and is later shown to be wrong at trial, the court may penalise that party in costs for failing to narrow the issues.
Which statement about notices to admit facts is correct?
A. They help narrow trial issues by formally requesting the other party to admit a specific fact
B. They require court approval to be served
C. They are only used for expert evidence
D. They cannot be used once the trial bundle has been filed
A. They help narrow trial issues by formally requesting the other party to admit a specific fact
Explanation: Notices to admit are designed to narrow issues by encouraging the other party to admit facts, thus avoiding unnecessary evidence at trial.
Your opponent agrees to extend time for exchanging witness statements by 35 days. What must you do?
A. Draft and file a consent order with the court
B. Do nothing; mutual agreement is sufficient
C. Request a court hearing
D. Notify the witness immediately
A. Draft and file a consent order with the court
Explanation: For extensions beyond 28 days, court approval is required. A consent order should be filed to reflect the agreement.
