1. Civil Pre-Trial Procedures

2. Aims: Civil Pre-Trial Procedures
To ensure both parties are informed about the details relating to the case through the exchange of documents
They also inform the defendant that a legal action is being taken against them.
Allows the parties to determine whether the dispute is worth pursuing
May result in an out-of-court settlement
Provide the court with information
about the case before it begins

3. Aims: Civil Pre-Trial Procedures
If the matter does proceed to court, then pre-trial procedures:
Help to clarify issues
Allow parties to prepare their case and provide information to the court and parties to reduce cost and delays at trial.

4. Difference between a ‘barrister’ and a ‘solicitor’
Plaintiff should first contact the other party to try and resolve the dispute (negotiation, ADR)
If this is unsuccessful – contact a solicitor
Solicitor – gives legal advice and prepares necessary documents
Advise plaintiff of legal rights
Advise plaintiff of chances of winning

5. Difference between a ‘barrister’ and a ‘solicitor’
Barrister is briefed by the solicitor (given information about the case)
Barrister then further investigates the law relating to the case and represents the client in court

6. Letter Of Demand Solicitor sends a letter to the defendant
outlines the claim against them
suggesting compensation or another remedy
If the matter is not resolved at this stage, legal proceedings commence

7. Pleadings
Pleadings are the first stage of pre-trail procedure and include
Writ
Statement of claim
Notice of appearance
Statement of Defence
Counterclaim
(Replies)
Further and better particulars (either party)

8. Pleadings Purpose of pleadings Parties state main issues of case
Parties state the material facts they are relying on
Gives court a written record
of the case
Saves court time and
expense
Provides an opportunity for
out of court settlement

9. Writ
Plaintiff’s legal representation issues a writ against the defendant
Informs them that action is being taken against them
Informs them of the place and mode of trial (mode – jury or not)
States the specific remedy sought
Compels the defendant to court by informing them that a default judgement can be made in their absence
Writ is sent to court and served to defendant

10. Statement of claim
Often attached with the writ is the statement of claim which explains the specific details of the plaintiff’s claim, such as the facts alleged by the plaintiff and the remedy being sought.

11. Pleadings
Person wishing to defend the case must enter a ‘Notice of Appearance’ within 10 days to indicate that they have received the writ and will defend the case against them
‘Statement of defence’ is the response to the allegations made by the plaintiff in the ‘statement of claim’. This provides details of the defendant’s defence, including any allegations admitted or denied and their version of the facts.

12. Pleadings
Plaintiff may issue a reply if they want to agree with the defendant or confirm a material fact
Defendant may make a ‘counterclaim’ in return against the plaintiff. This is the defendant bringing a separate action against the plaintiff, suing them for damage or injury. The two matters are usually dealt with together
Either party may demand further and better particulars (more detail) of the other party’s claim

13. Discovery
The discovery stage is the next stage in pre-trial procedure and includes:
Interrogatories
Discovery and production of documents
Oral examination
Medical examination and provision of hospital and medical reports

14. Discovery
Discovery procedure allows the parties to get further information on matters that may be unclear
Focus is on gaining information about the facts of the case
The hope is that one party may realise the other
has a compelling case (thus promoting a settlement)

15. Discovery
Interrogatories – Specific written questions served by parties on each other, relating to the facts of the case:
Both parties may serve interrogatories on each other requiring information that might provide useful evidence. Parties must answer these questions, in writing, within a set time frame, usually 60 days.
Any evidence can be used at trial to check the evidence of witnesses.
Saves time in court by dealing with these matters outside of court

16. Discovery Discovery and production of documents:
Notice of Discovery – both parties may request the other side to provide any relevant documents
Some documents are protected by privilege (eg/letters between lawyers and clients)

17. Discovery
Oral Examination – parties may request the other party to answer questions
Conducted under conditions similar to a witness being questioned in examination-in-chief

18. Discovery
Medical examination and provision of hospital and medical receipts
If the plaintiff is claiming damages for bodily injury the defendant may request the plaintiff to submit medical records or undergo a medical examination by an expert

19. Directions Hearing Usually presided over by a judge
Parties are given instructions or orders by the court to undertake certain actions that are necessary to prepare for trial
(eg: dates by which they have to have performed a specific task)
It is a standard practice that in the Supreme Court parties are ordered to attend compulsory mediation (promotes an early settlement)

20. Directions Hearings
“at any stage of a proceeding the court may give any direction for the conduct of the proceeding which it thinks conducive to its effective, complete, prompt and economical determination”
The Supreme Court (General Civil Procedure) Rules 2005

21. Notice of Trial and Pre-Trial Conference
The final step before the trial is a notice of trial that informs all parties that the proceeding is ready for trial.
Once the matter has been put on a list for trial, the courts may direct the parties to a pre-trial conference. This is used as another opportunity to promote a settlement or ensure the parties are ready to proceed to trial