Importance Of A Trial Bundle

Submitted By Yoyo007
Words: 6446
Pages: 26
Open Document
Task One

I have been asked to assist Mr Fellows-Bennett in preparing a trial bundle by considering the following:

1. What is a trial bundle?
2. How is it used?
3. Which documents need to be included?

I provide my answers below for your consideration.

1.What is a trial bundle?

A trial bundle is the collection of all the relevant documents and evidence which the claimant and defendant will rely on during a trial. It is the responsibility of the claimant to prepare the bundle, ensuring that all necessary documents are included however the bundle is usually agreed with the defendant prior to any trial. It is also essential for the claimant to provide a copy of such documents to the court, the defendant, witnesses and all other parties such as each party's counsel.

In CPR 27.1 of the Practice Definitions, it is said the claimant must serve, “a paginated and indexed bundle of all the documents to be relied upon at the hearing with a schedule identifying the essential passages.”

Accordingly the documents should be placed in a ring binder and must be numbered so as to make information easily accessible when referred to at the hearing. It is also essential to include an index at the beginning of the bundle outlining page numbers and what information is provided on these pages. In a situation where the bundle exceeds 100 pages, dividers will be used to separate it into sections. In complex cases, it may be necessary to use several bundles. The documents will be filed in chronological order with oldest documents placed at the top and most recent at the bottom. This will be photocopied ensuring that all copies are fully legible so that the defendant, all witnesses and the legal representative's have an identical copy containing the same important documents as the claimant.

In order for the judge to be able to establish any facts and other important information, the trial bundle must be filed at the court no more than seven days but no less than three days before the hearing. The original documents which have been copied for the use of the bundle will also need to be available at the trial.

2.How is a bundle used?

A trial bundle is an important, time-saving method in preparing for a trial. The judge will be able to read all the documents/evidence provided prior to the hearing and should therefore have sufficient familiarity with the case and issues likely to be in dispute. It also gives all other parties the opportunity to read any evidence or precedents which have been collected.
It is important that the bundle is prepared appropriately being fully legible and identical to all other copies. It must be well organised as it is often referred to throughout the hearing.

3.Which documents need to be included?

In a trial bundle, it is important to include as much information as possible for the claimant and defendant to help their case. Any documents containing evidence supporting both the claimant and defendants point of view must be included. The documents included must be copies of the original documents. I have supplied a list of documents which may be included in the trial bundle:

 Case summary and index
 Claim forms and all statements of case
 Requests for further information and any responses provided
 Witness statements and summaries
 Medical reports
 Expert reports
 Directions orders
 Any other relevant documents

It is imperative to clearly mark the front of the trial bundle with:

 The date and time of the hearing
 The case number and title
 The court where the hearing is being heard
 The name of the judge (if known)
 Where there is more than one ring binder used, it is important to number or label files in order A, B, C or D.

Certain documents can be withheld from the court and do not need to be included in the trial bundle. These documents are known as ‘privileged’ and in this case could be classed as a ‘litigation privilege’. This means that any
Show More

Related Documents: Importance Of A Trial Bundle

Legal Studies Essay

Legal Studies 1. Individual Rights which means all people have the fundamental rights which are also personel in character and these rights are universal and applies to all people at all times and the collective rights include rights for alll persons at all times and occur as a result of the social nature people. 2. Group and Collective Rights these rights arise on the basis of people living with others and they cannot be exerciseed personelly and the Collecive Rights are those that arise by virtual…

Words 316 - Pages 2

Legal studies Essay

Marketing-2 reports Finance Operations- multiple choice Marketing-2 reports Finance Operations- multiple choice Marketing-2 reports Finance Due to the interest in my Modern History essay guide, I have decided to come up with one for Legal Studies. Most people will notice that it is similar to my modern one – that is because essays for both of these subjects are similar in style and approach. As a general note, this guide is mainly designed for students who are struggling with essay writing…

Words 2128 - Pages 9

Legal Studies Essay

Legal Studies An ongoing debate between community interests and individuals and freedoms has been prevalent during the past century within the criminal justice system. The aim of law to protect the community both as a whole and on a personal level has created a hazy border between these two goals as police powers were increased. It can be argued that the rights of the society as whole has created continuous infringements of the basic human rights and the right to freedom. Although it has been largely…

Words 669 - Pages 3

VE Legal Studies

Unit 3 VCE Legal Studies – the Constitution and the protection of rights 1 A bill of rights which does not allow the courts to declare legislation invalid 2 A human right expressly protected in the Constitution – freedom of religion Section 3 A right that exits because courts have interpreted that it is implied or inferred in the wording of the Constitution 4 A human right expressly protected in Constitution – trial by jury (Cwlth cases) Section 5 USA Bill of Rights – what is the second amendment…

Words 336 - Pages 2

Legal Studies Essay

meaning of crime Crime is an act or omission committed against the community at large that is punishable by the state. Crimes are made as a result of moral and ethical judgments by a society. They also vary from state to state e.g. in Australia it is legal for sex outside of marriage and the consumption of alcohol whilst in other countries it’s not. A crime is any conduct which violates the rights of the community at large. The crime will be punishable by a recognised criminal sanction upon proof of…

Words 6128 - Pages 25

Legal Studies Essay

How successfully does the law protect parties to both marriages and de facto relationships when such relationships dissolve? Society places laws upon different family arrangements to ensure that members of all families have legal protection. Marriage is the union of man and women to become husband and wife, whereas the NSW De Facto Relationships Act 1984 recognises de-facto relationships as two adults living together as a couple and are not married. The law makes provision for protection regarding…

Words 1427 - Pages 6

Legal studies essay

It is essential that the legal system reflects the moral and ethical standards of Australian society. Analyse this statement and evaluate the effectiveness of the legal system in reflecting the values of society and protecting family members. Refer to problems in family relationships in your response. Family law, possibly more than any other area of law, is filled with issues that reflect the values and ethics of Australian society. The role of the family law role is to protect all family members…

Words 1117 - Pages 5

Legal studies Essay

Any legislation passed through both houses is given to the governor to give royal assent Representative Government: The government must represent the concerns and expectations of the people who voted them in at the last election Responsible Government: Parliament is accountable for its actions, the crown and its ministers are both responsible to parliament for running of portfolio and other doings. Separation of powers: Three branches of government should remain separate 1. Legislature- parliament…

Words 889 - Pages 4

Legal Studies 1 Essay

LEGAL STUDIES ASSESSMENT CONTEMPORARY HUMAN RIGHTS ISSUES Dylan Stone Year 12- 2015 INTRODUCTIONWhat are human rights? WHAT ARE HUMAN RIGHTS?    “Human rights are entitlements that are fundamental. They are things to which every human being is entitled just because they are human”. All people have a claim to human rights as they are fundamental in ensuring peace and security for all peoples. They cannot be ‘given’ by governments, instead they are an inherited set of rights which automatically…

Words 7303 - Pages 30

Legal Studies Concept Essay

LEGAL STUDIES 101 CONCEPTS & CASES TYPES OF LAW: Criminal * State or federal government prosecutes * Punishment including capital punishment, fine, penalty, imprisonment * Burden of proof- innocent beyond a reasonable doubt * Purpose- punishment, deterrence, rehabilitation, preservation of state | Civil * Plaintiff sues defendant * Monetary compensation, remedies * Burden of proof- preponderance of evidence * Purpose - compensation and deterrence * Mandatory injunctions…

Words 7821 - Pages 32