Full and in-depth structure and notes on pre-trial and trial in civil proceedings. A highly detailed and clearly written step-by-step approach to understanding and answering exam questions. The document breaks down each element you need to cover to answer a question on this topic. Contains extensiv...
A Form N170 will be send to each party. This is a pre-trial checklist (PD 28 para 8) which parties must complete so the court
can check directions have been complied with and a date for the hearing can be fixed/confirmed.
This check-list must be filed with the court at the specified date, usually no later than 8 weeks before the trial date or trial
period.
If both/a party fails to file could result in a strike out (of the claim/defence/counterclaim…) or the court may order an
Unless Order.
Summoning witnesses:
A witness summons should be used to make sure a witness attends court. The documents is issued by the court and
requires the witness to attend to give evidence.
It should be served at least 7 days before the date which the witness is to attend court.
It is binding – failure to show up: fine/imprisonment.
The summon must offer the witness: a reasonable sum to cover travel expenses and a sum of compensation for a loss of
time PD34A.
TRIAL:
PRELIMINARY ISSUES:
Permission to amend statement of case – only a
minor change may be allowed – it would be timely
and costly.
Amplify/add to a witness statement – such as for
commenting on the o/s witness statement within
your own witness’s statement so need to add to it.
Striking out witness statement – if there is opinion
evidence or unattributed hearsay.
EXAMINATION-IN-CHIEF:
Witness gets sworn in and asked if their statement is
true.
Only asked questions if the witness statement is
amplified.
Leading questions not allowed (nor in cross-
CROSS-EXAMINATION:
Can ask leading questions in cross-examination
Can lessen their creditability – but cannot attack
witness.
‘I put it to you’ – putting their clients case to the o/s.
done towards end of cross-examination.
RE-EXAMINATION OF WITNESS:
If there is a need to re-examine = can only cover what
has been brought up in cross-examination.
No leading questions.
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