Trial procedure

Question 1

generally, where are MT cases heard?

Answer 1

MT cases are heard by a CJ in the CC or by a HCJ in the HC

Question 2

where are cases which are not on the MT heard?

Answer 2

DJ in the CC (up to £25k otherwise permission from designated CJ required)

Question 3

what is the general order of play? (8)

Answer 3

1. C’s opening
2. D’s opening
3. C’s evidence
4. D’s evidence
5. D’s closing submissions
6. C’s closing submissions
7. Judgment
8. Costs + consequential orders

Question 4

in what order does witness examination?

Answer 4

Order: party, party’s W, expert (court can change - i.e. expert issue-by-issue)
1. Evidence-in-chief by own advocate
2. Cross-examination by advocate for o/s
3. Possible re-examination by own advocate

Question 5

what happens during the evidence-in-chief?

Answer 5

• W goes into witness box + swears an oath/affirmation.
• W asked to confirm name and address
• Directed to w/s in bundle + asked to confirm if content true to best of knowledge and belief
• Permission required to ask any questions. If granted, open questions only.

Question 6

what happens during cross-examination?

Answer 6

• W’s version of events must be challenged otherwise deemed to accept them.
• Closed questions best way to control the W

Question 7

what happens during any re-examination?

Answer 7

Only if new issues arose in cross-examination. Open questions only.