Podcast
Questions and Answers
What is one of the purposes of final pre-trial preparation?
What is one of the purposes of final pre-trial preparation?
- To determine witness testimonies
- To assign a judge to the case
- To curtail the upcoming trial (correct)
- To set the jury selection date
The plaintiff must give notice of the trial date within 10 days before the trial.
The plaintiff must give notice of the trial date within 10 days before the trial.
False (B)
What document is drafted and handed to the court before the trial begins?
What document is drafted and handed to the court before the trial begins?
Rule 37 Minute
Failure to attend the pre-trial may result in a special penalty costs order under Rule _____ .
Failure to attend the pre-trial may result in a special penalty costs order under Rule _____ .
Match the following components of pre-trial preparation with their descriptions:
Match the following components of pre-trial preparation with their descriptions:
What is the purpose of the 'Affidavit of Discovery'?
What is the purpose of the 'Affidavit of Discovery'?
All documents controlled by one party are required to be disclosed during the discovery process.
All documents controlled by one party are required to be disclosed during the discovery process.
What is meant by 'litis contestatio' in the context of pleadings?
What is meant by 'litis contestatio' in the context of pleadings?
A notice of ______ is given for the discovery process.
A notice of ______ is given for the discovery process.
Match the following discovery-related terms with their definitions:
Match the following discovery-related terms with their definitions:
Flashcards
Final Pre-Trial Prep
Final Pre-Trial Prep
A legal step taken before a trial to streamline the proceedings, ensuring efficiency and clarity.
Onus of Proof
Onus of Proof
The responsibility to prove a claim or argument in court. It determines who needs to present evidence to win their case.
Trial Bundles
Trial Bundles
Organised sets of documents used in court, carefully indexed and numbered for easy reference.
Pre-Trial Conference
Pre-Trial Conference
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Sjambok Costs
Sjambok Costs
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Litis Contestatio
Litis Contestatio
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Discovery
Discovery
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Affidavit of Discovery
Affidavit of Discovery
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Privileged Documents
Privileged Documents
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Subpoena Duces Tecum
Subpoena Duces Tecum
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Study Notes
Purposes
- To curtail upcoming trial, considering most effective way to conduct trial
- Identify who must begin, what can be admitted, who bears onus of proof & who must prepare "court bundle"
Process
- Plaintiff within 5 days obtaining trial date, gives notice; conference is called. (Def can if plaintiff fails)
- Not less than 10 days before, each delivers notice with points for inclusion of agenda.
- The agenda must be included on agenda
- Admissions required
- Any inquiries not yet addressed
- Whether mediation has been considered
Rule 37 Minute
- Minutes are drafted emanating from the conference & have to be handed to court prior to start of trial.
The cost - jambook
- Rule 87 (9Ya) : special penalty costs order against litigant's attorney if:
- Did not attend the pre-trial
- Failed to promote the effective disposal of litigation
Final Pre-Trial Prep
- Advice on evidence
- Form of pleadings
- Discovery process
- Onus of proof
- Evidence available
- Case observations
- Case-flow management
- Preparation trial bundles which are:
- Indexed & paginated
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Description
This quiz covers the essential aspects of pre-trial preparation, including key timelines, responsibilities of parties involved, and important rules such as Rule 37 and Rule 87. Understand the procedures for effective trial management and the implications of failing to comply with pre-trial requirements.
