Trial is the culmination of months or years of work. All your disclosure, witness statements, and applications lead here. Proper trial preparation can make the difference between winning and losing. A well-prepared case flows smoothly, impresses the judge, and gives you the best chance of success.
Judges form impressions early. A disorganised lawyer with missing documents, unclear arguments, and poor timetabling starts at a disadvantage. Good trial preparation shows you're professional, organised, and respectful of the court's time. It also reduces stress - you can focus on advocacy, not scrambling for documents.
Trial preparation doesn't start in the final weeks. It begins when you take the case. Keep trial in mind throughout: preserve evidence, take statements that will stand up at trial, and develop a clear case theory. The best trial preparation is continuous, not rushed.
Most witnesses attend voluntarily. But sometimes you need compulsion - a witness refuses, is reluctant, or you need to ensure their attendance. A witness summons is the court's tool to require attendance. Think carefully before summoning - a hostile witness can damage your case.
A witness summons requires a person to attend court to give evidence. It specifies the time, date, and place. Failure to attend without good reason is contempt of court, which can lead to a fine or imprisonment. The court takes summonses seriously - don't issue them lightly.
A summons can also require production of documents without requiring attendance. This is useful when a non-party holds relevant documents but won't be testifying. The summons specifies what documents are required. The person produces them to the court, and parties can inspect.
If someone ignores a summons, you can apply to court for enforcement. The court may issue a warrant for their arrest (in exceptional cases) or impose sanctions. However, enforcement against non-parties is rare - courts are cautious about forcing third parties into litigation.
Before seeking a summons: (1) Write to the witness asking them to attend. (2) Explain why their evidence is needed. (3) Offer to cover reasonable expenses. (4) Consider whether you really need this witness - will their evidence help or hurt? Many cases are lost by calling hostile witnesses.
The listing questionnaire (CPR 28.4) is your formal request for a trial date. It tells the court: how long the trial will take, how many witnesses, any special requirements (video link, interpreters), whether the judge needs to be a specialist, and availability dates. Accurate information here helps the court list the trial appropriately.
A listing questionnaire must be filed and served when a party files a notice of trial or when the court so orders. It must provide information about the length of the trial, number of witnesses, special requirements, and dates when parties are unavailable. The court uses this information to fix the trial date and allocate judicial resources.
The pre-trial review (PTR) is the final check before trial. The judge confirms: is the case ready for trial? Are all directions complied with? Is the trial timetable realistic? Are there any outstanding applications? The PTR is your last chance to address problems before trial. Don't arrive unprepared.
Trial dates are fixed based on court availability and the parties' availability. Once fixed, changing the date is difficult and expensive. Provide accurate availability information upfront. If you have a holiday booked, declare it. Courts accommodate reasonable unavailability if known early - not if raised last minute.
Failure to attend the pre-trial review can lead to your statement of case being struck out, costs orders, or the trial proceeding in your absence. If you can't attend, seek an adjournment in advance and explain why. Courts take pre-trial reviews seriously - they're essential for efficient trial management.
The trial bundle is the collection of documents the judge will use during trial. It contains all the evidence: pleadings, disclosure, witness statements, expert reports, correspondence, and exhibits. A well-organised bundle helps the judge follow the case and shows you're on top of your material.
A typical trial bundle includes: the claim form and defence, statements of case, relevant witness statements, expert reports, key disclosed documents, correspondence, and any exhibits. Documents are arranged chronologically within each section. The judge relies on this bundle - make it complete and well-organised.
| Section | Contents | Notes |
|---|---|---|
| Index | Table of contents | Essential navigation tool |
| Pleadings | Claim form, defence, replies | Case framework |
| Statements of Case | Particulars, defences | What each party must prove |
| Witness Statements | All witness statements | In trial order |
| Expert Reports | Joint or separate reports | Technical evidence |
| Disclosure | Key documents from disclosure | Core evidence |
| Correspondence | Relevant letters/emails | Important communications |
| Exhibits | Photos, contracts, other evidence | Referenced in statements |
Every page in the bundle must be numbered consecutively (1, 2, 3... not A1, A2, B1, B2). A detailed index identifies each document and its page range. The judge will refer to "page 45" - make sure everyone can find it. Use tabs or colour coding for sections. Cross-reference the index with the bundle before trial.
Typically, one party prepares the bundle with the other's agreement. Prepare it early - at least 7 days before trial. Provide enough copies for the judge, each party, and witnesses. Electronic bundles are increasingly common - check the court's requirements and agreed format.
Many courts now use electronic bundles via platforms like the Civil National Courts system. Electronic bundles offer advantages: searchable text, easier updating, remote access, and cost savings. But they require careful preparation - hyperlinks must work, PDFs must be readable, and the structure must be logical.
If you're appealing, you'll need an appeal bundle. This is similar to a trial bundle but focuses on the documents relevant to the appeal: the decision being appealed, key evidence from trial, and grounds of appeal. Appeal bundles have specific requirements - check the appeal rules.
Start bundle preparation early - don't leave it to the last week. Use consistent formatting (same font, margins). Remove duplicate documents - they bulk up the bundle and confuse the judge. Check every hyperlink in electronic bundles. Provide a hard copy backup even for electronic bundles. And proofread - errors look unprofessional.
A skeleton argument is a written outline of your case presented to the judge before trial. It sets out your key points, legal arguments, and the authorities you rely on. It's called a "skeleton" because it provides the structure on which you'll build your fleshed-out arguments at trial.
Skeleton arguments are required for: most interim applications, appeals, multi-track trials, and any complex hearing where the judge requests one. They're less common in fast and small claims but may still be ordered. When in doubt, prepare one - better to have one not needed than to need one you don't have.
A skeleton argument should include: a brief introduction, a summary of the facts, the legal issues to be decided, your arguments on each issue, the authorities you rely on with citations, and a concise conclusion. Be selective - focus on your strongest points. The judge doesn't need every argument, just the ones that matter.
Skeleton arguments must be concise. For most trials, aim for 10-20 pages maximum. Appeals may allow more but still require focus. Courts set page limits in directions - comply with them. Excessive skeleton arguments are not read and may result in costs orders. Quality over quantity.
Structure it for the busy judge: (1) Clear headings for each issue. (2) Short paragraphs - one argument per paragraph. (3) authorities in footnote style. (4) Neutral, professional tone. (5) Cross-references to the bundle. The judge should be able to understand your case from the skeleton alone.
The trial timetable is the schedule for how trial will proceed. It allocates time for openings, witness evidence, cross-examination, closing submissions, and judgment. A realistic timetable helps the court manage its docket and shows you've thought through how your case will unfold.
Your time estimate must be realistic. Courts take your estimate seriously when listing the trial. Underestimate and you'll be rushing or not finish. Overestimate and you waste court resources and may get reduced time next time. Break down your estimate: openings (30 mins each), witnesses (60-90 mins each including cross), closings (30-60 mins each).
| Time | Activity | Duration |
|---|---|---|
| Day 1 Morning | Claimant opening | 30 minutes |
| Day 1 Morning | Defendant opening | 30 minutes |
| Day 1 Morning | Claimant witness 1 | 90 minutes |
| Day 1 Afternoon | Claimant witness 2 | 90 minutes |
| Day 2 Morning | Defendant witness 1 | 90 minutes |
| Day 2 Morning | Defendant witness 2 | 90 minutes |
| Day 2 Afternoon | Closing submissions | 60 minutes each |
| Day 2 Afternoon | Judgment (reserved) | To be advised |
Openings are your roadmap for trial. Tell the judge: what this case is about, what you must prove, how you'll prove it, and what you want the court to do. Be concise - 20-30 minutes is typical. Don't argue the evidence in openings - that comes later. Just set the stage.
Schedule your witnesses logically. For claimants: start with your strongest witness, end with your client. For defendants: consider order carefully. Fact witnesses first, then experts. Estimate time for each: 30 minutes examination-in-chief, 30-60 minutes cross-examination, 10-20 minutes re-examination if needed.
Closings are your final argument. Review the evidence, remind the judge of key points, explain why you've proved your case, address the other side's weaknesses, and request your remedy. Cite the bundle - "as seen at page 45." Be persuasive but professional. 30-60 minutes per side is typical.
Judges need time to read the bundle before or during trial. Reading time is built into the timetable - the judge may adjourn to read, or read overnight. Don't underestimate how long reading takes. A substantial bundle may need a full day of reading time. Be realistic and include it in your estimate.
Get your trial estimate wrong and you face consequences: the judge may cut your evidence short, you may not finish your case, you could face adverse costs orders for wasting court time, and your credibility suffers. Always build in buffer time - it's better to finish early than run over.
Not everything needs to be proved at trial. Parties can agree facts, which narrows the issues in dispute. This saves time and costs. The more you agree, the faster and cheaper trial becomes. Experienced solicitors maximise agreed facts to focus trial on what really matters.
Before trial, try to agree what's actually in dispute. Prepare a statement of agreed issues: facts both sides accept, issues in dispute, and what must be proved on each issue. This focuses the trial on the real disagreements and avoids wasting time on undisputed matters.
An agreed bundle is a trial bundle both parties accept. It's quicker to prepare because there's no argument about contents. Agreeing the bundle in advance saves trial time and shows the court you're organised. If you can't agree on everything, agree what you can and have separate sections for disputed material.
Use pre-trial discussions to narrow issues. Can you agree on liability, leaving only damages for trial? Can you agree on certain facts even if liability is disputed? Each agreed fact is one less thing to prove. This makes trial more focused and efficient.
When proposing agreed facts, be strategic: agree facts that are genuinely undisputed, don't give away points you might win at trial, use agreed facts to frame the issues, and refer to them in openings to show what's not contested. A well-used agreed facts statement impresses judges and streamlines trial.
Judges often pre-read trial bundles, especially for longer cases. Provide the bundle well in advance (at least 7 days). Highlight key passages in your skeleton argument. Consider a reading guide pointing the judge to critical documents. Pre-reading makes trial more efficient - the judge is already familiar with the evidence.
Plan your witness order carefully. Group witnesses by topic, not convenience. Think about how each witness advances your case. Consider who goes first - your strongest witnesses build momentum. Remember cross-examination - each witness will be tested. Don't call witnesses who add nothing but risk everything.
Accurate trial estimates are a professional obligation. Courts schedule based on your estimate. If you say 2 days and it takes 4, you've disrupted other cases and wasted court resources. Track your previous estimates - were you accurate? Learn from experience. When in doubt, build in 10-20% buffer.
Unexpected things happen at trial: witnesses take longer under cross, technical issues arise, or evidence proves more complex than expected. Build some flexibility into your timetable. Don't schedule every minute. Leave gaps in the schedule for the unexpected. Judges appreciate realistic timetables with room for manoeuvre.
Inaccurate trial estimates lead to: your case being stopped mid-trial, adverse costs orders for wasting court time, reduced credibility with the court, and potentially being ordered to pay the other side's wasted costs. Courts keep records of whose estimates are reliable - your reputation matters.
One week before trial: (1) Check bundle is complete and indexed. (2) Confirm all witnesses are available. (3) File skeleton argument if required. (4) Prepare opening and closing notes. (5) Check court logistics (parking, security, facilities). (6) Brief counsel on your case theory. (7) Get a good night's sleep.
Trial preparation is the foundation of advocacy success. Prepare thoroughly: accurate timetables, complete bundles, clear skeleton arguments, and realistic estimates. The judge will notice your preparation - and so will your client. Good preparation transforms trial from chaos to controlled, confident advocacy.