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Pre Trial Directions for Civil Trial Advocacy

1. Final Assignment – Full Trial 1 st Part – Pre-Trial Preparation 3 MARKS

2. PRE TRIAL DOCUMENTS BUNDLE OF PLEADINGS – It contains the Statement of Claim, Defence , Reply to Defence , Rejoinder and Surrejoinder BUNDLE OF DOCUMENTS ~ Part A – Admitted as to authenticity and content ~ Part B – Admitted as to authenticity but not content ~ Part C – Not admitted as to authenticity and content

3. PRE-TRIAL DOCUMENTS Statement of Issues to Be Tried – Contains the issues which you think the Court should decide. Agreed by both parties. Draft is first done by the Plaintiff and sent to the Defendant for their comments. Signed by both parties once agreed before it is filed into court Statement of Agreed Facts- Contains the facts which are already agreed between the parties. Look at the Pleadings to determine which facts are admitted and include it in the Statement of Agreed Facts. Draft is first done by the Plaintiff and sent to the Defendant for their comments. Signed by both parties once agreed before it is filed into court

4. PRE-TRIAL DOCUMENTS –2  List of Witnesses – Plaintiff and Defendants prepare their own List of Witnesses Opening Statement – Optional, depends on Court.

5. WITNESS STATEMENTS What does it contain? The story you wish to tell the Court. What is your story? It is contained in your pleadings. For Plaintiff it would be the SOC, Reply to Defence , Surrejoinder . For Defendant it would be the Defence,Rejoinder Make references to the Bundle of Documents and Bundle of Pleadings DO NOT ASK LEADING QUESTIONS IN YOUR WITNESS STATEMENT

6. DEALING WITH WITNESSES Examination in Chief – Rarely conducted. Witness statements are signed and just taken as read. Worst case scenario it has to be read out in court, no leading questions can be asked Cross Examination – Based on the Witness Statements usually, can ask leading questions Re-Examination – Based on the questions asked in cross examination. We ask the client to explain why they gave a particular answer.

7. Submissions What does it address? – The Law & The Evidence Refer to cases for the law, refer to the documents and answers you have gotten from the witnesses for the evidence . Summarize and say why your case should prevail.