Trial Flashcards
What is a Tomlin order?
A consent order which confirms the parties have agreed a stay of proceedings because they have reached a settlement, along with a schedule detailing amounts to be paid and by whom
In a multi-track case, the trial court will typically set a pre-trial review hearing how many weeks before trial is anticipated?
10 weeks
What are the 4 requirements of an agreed case summary that parties are required to serve before the hearing?
- 500 words max.
- Agreed upon facts
- What is in dispute
- Synopsis of the evidence
How should a solicitor address a District Judge in court?
Sir/Madam
How should a solicitor address a Circuit Judge in Court?
Your Honour
How should a solicitor address a High Court or Court of Appeal judge?
My Lord/Lady
Outline the 9 steps in the usual trial format.
- C’s opening submissions
- D’s opening submissions
- Consideration of any preliminary issues
- C’s witnesses give evidence
- C’s experts give evidence
- D’s witnesses give evidence
- D’s experts give evidence
- C’s closing submissions
- D’s closing submissions
How long before trial must a C serve an indexed bundle to the court?
3 - 7 days
Are leading questions (i.e. those which prompt/encourage a desired answer) permitted during cross-examination?
Yes
Are leading questions permitted during re-examination?
No
After the trial, the judgment may give judgment _________ or ______ judgment for a later date
immediately, reserve
After judgment is handed down, the parties may make __________ in relation to interests, costs, time to __, stays of execution or permission to _____
submissions, pay, appeal
What is a notice of discontinuance?
A document served by Party A to Party B if A wishes to discontinue a claim at any point before trial
If C discontinues a claim before trial, are they are liable to pay the costs of D in defending the action?
Yes - except for qualified one-way costs shifting for PI claims (this is where C doesn’t pay D’s costs if the claim fails)
