Being Trial Ready – The Basic Ins and Outs of the Trial Process

The days leading up to the trial can be a stressful period for clients. Foskett Marr looks at the trial process and what clients can do to ensure they are mentally prepared for the day.

Arrangements for the day

The logistics for the day must not be overlooked. Clients should know the Court in which the trial is taking place, when the trial starts and what time they are meeting their legal representative (if any) ahead of the trial. Clients should also make travel and lunch arrangements in advance.

Preparation for the Trial

Clients should familiarise themselves with their witness statement and also the trial bundle. Witnesses will normally be examined or cross-examined on their statement and references will be made to the trial bundle throughout the trial.

What happens on the day of Trial?

• The trial will begin with the opening submissions (summary of the case) made by the Claimant/their representative and then the Defendant/ their representative.
• Next witness evidence will be considered. As a witness, all of your answers should be addressed to the Judge and you should only refer to facts.
• Finally, the closing submissions will be made, by the Defendant/his representative first and then the Claimant/his representative.
• If the Judge considers that the case is straightforward, the Judgment may be delivered on the day otherwise it will be delivered at a later date.

If a party does not attend, the Court will normally still consider the merits of the non-attending party’s case. However, the attending party may benefit as their arguments will be unchallenged.

The key matter of costs will be dealt with in a forthcoming blog.

Should you have any further questions, please do not hesitate to contact Richard Gordon at the Epping Office on 01992 578 642.

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