From Lawpack's Trip & Slip.
When you're getting ready for a personal injury case, just remember, you don't have to be Perry Mason; all you have to do is put your case simply and clearly to the judge. Notes, flow diagrams, checklists and sticky 'Post-It Notes' can all help you, as well as a highlighter pen and a calculator.
Here's a checklist of things you should think about before you go to court:
After directions have been given
- Have all the directions been complied with?
- Are there any necessary applications to the court?
- Can the amount of damages be agreed with the other side, subject to the judge deciding who is at fault? (This will avoid the need to prove the amount of your losses.)
Once a trial date has been given
- Have all the directions been complied with?
- Have your witnesses been told the time and place of the trial?
- Have your witnesses confirmed that they will attend?
- Are there any applications that need to be made?
- List the issues in dispute: has quantum or liability been agreed? What parts of each witness's evidence are controversial? What parts are not disputed? It will save everyone time and money if you can tell the judge what areas of agreement and disagreement remain. This will enable the judge to focus on the areas he must adjudicate upon.
- Have you prepared the questions you wish to ask in cross-examination?
- What extra information (by way of clarification or updating) should the witnesses give to the court to supplement their witness statements?
- Are you ready to summarise the facts of the case for the judge?
- Arrive at court in plenty of time and report in to the usher.
- Read through your witness statement.
- Meet your witnesses (don't discuss their evidence with them, but give them a copy of their statements to read so that they can confirm the contents to the court).
- Are there any last-minute applications that need to be made to the judge? If so, let the other parties know what you are asking for.
- It may be helpful to take a note of the evidence given by the witnesses, as well as the judgment delivered at the end.
- Jot down any weakness in the other side's case, when you spot it, so you can draw the judge's attention to it when you summarise your case.
- Although the court will send out a copy of the order made at the end of the trial, this may take some weeks to be sent to you so it is wise to make a note of the judge's order (if necessary, ask him to read it out aloud at the end).
Law stated as at 1 September, 2006