Preparing for trial General Proceedings

For general proceedings going to trial, you will need to prepare your finalised chronology, help prepare the common bundle of documents for trial, and if you are the plaintiff, prepare a merged chronology. You should check the High Court Rules for the details of what you are required to do in respect of each of these things.

You will also need to provide opening submissions.

What is a chronology and how do I serve it?

A chronology is a document outlining the key events (not every event) and facts you intend to establish at trial, with each event referring to any documents you rely on which are relevant to that event. The chronology must:

  • list all the important facts and events that have been mentioned in the case, and
  • clearly link each fact or event to the specific document(s) that support it, and
  • be accompanied by copies of any documents mentioned in either the witness statements or the draft chronology that were not already provided to the other party or parties during the initial disclosure process.

See High Court Rule 7.4(4)(external link)

Service requirements:

  • The plaintiff must serve a draft chronology Schedule 1(external link) within 25 working days of the defendant serving a statement of defence (at the same time as factual witness statements).
  • The defendant must respond with their own draft chronology within 45 working days of receiving the plaintiff’s version.
  • If there is a counterclaim(external link) or affirmative defence, the responding party must serve their draft chronology within 25 working days of receiving the defendant’s documents.

Leading up to trial, these chronologies need to be finalised and then merged into one document. See High Court Rule 9.2(3)(external link).

What is a merged chronology, who prepares it and when must it be filed and served?

A merged chronology is a document prepared for the trial that:

  • combines the final chronologies of all parties into one document, and
  • clearly indicates which entries are agreed and which are disputed (e.g., using colour coding), and
  • identifies which party disputes a particular entry and why.

The plaintiff prepares the merged chronology (unless the court orders another party to do so). It must be filed and served:

  • no later than 15 working days after the common bundle is served, or
  • by a date directed at the JIC.

See High Court Rule 9.9 (external link)

What is a common bundle and who must prepare it?

The common bundle is a single, organised file of all the documents that the parties plan to use at trial. It includes documents mentioned in witness statements, chronologies, and opening submissions. The common bundle must:

  • arrange the documents chronologically, or in any other appropriate sequence or manner agreed by the lawyers and approved by a judge, and
  • number each page in consecutive sequence, and
  • include a summary list at the beginning that shows:

o   a short title or description of each document

o   the date of each document

o   which party provided each document

o   the page number where each document appears in the bundle, and

  • Highlight any documents that need special permission to be included (e.g., those not previously disclosed).

The common bundle is prepared by the plaintiff (unless the court order another party to do so) and is file and served at a time decided at the JIC.

All parties must:

  • co-operate in the preparation of the common bundle, and
  • provide their list of documents, final chronology, and any new documents by the date set at the JIC.

See High Court Rule 9.4(external link)

Opening submissions

You will need to file a written opening submission which includes a narrative of material facts and events on which you will rely at trial. This must be supported by the documents you have provided. You may also wish to briefly outline the legal arguments that you will rely on. You should include information on what witnesses you propose to call to give evidence at the trial.

The plaintiff must file their opening submissions no later than 10 working days before the trial.

The defendant and other parties must file their opening submissions no later than 5 working days before the trial.

See High Court Rule 9.16(external link)

 
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