Rule 3.13 Conduct of a trial or an appealI1

England and Wales

In order to manage a trial or an appeal, the court—

(a)

must establish, with the active assistance of the parties, what are the disputed issues;

(b)

must consider setting a timetable that—

(i)

takes account of those issues and of any timetable proposed by a party, and

(ii)

may limit the duration of any stage of the hearing;

(c)

may require a party to identify—

(i)

which witnesses that party wants to give evidence in person,

(ii)

the order in which that party wants those witnesses to give their evidence,

(iii)

whether that party requires an order compelling the attendance of a witness,

(iv)

what arrangements are desirable to facilitate the giving of evidence by a witness,

(v)

what arrangements are desirable to facilitate the participation of any other person, including the defendant,

(vi)

what written evidence that party intends to introduce,

(vii)

what other material, if any, that person intends to make available to the court in the presentation of the case, and

(viii)

whether that party intends to raise any point of law that could affect the conduct of the trial or appeal; and

(d)

may limit—

(i)

the examination, cross-examination or re-examination of a witness, and

(ii)

the duration of any stage of the hearing.

[Note. See also rules 3.5 (The court’s case management powers) and 3.8 (Case preparation and progression).]

Annotations